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(영문) 수원지방법원 성남지원 2019.11.27 2019고단2228
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 17, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

On August 10, 2019, around 18:53, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.150% in the section of about 8km from the front side of the “Yinjin Cancer,” which was located in 1142, the 18:53 Gyeonggi-si, Gwangju, to the front side of the 45km-dong, Manjin-ro, Man-dong, to the front side of the police box at the same time.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of the drinking regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62(1) of the Criminal Act as to the suspended sentence shall be determined as identical to the order, comprehensively taking into account the following factors: the criminal records of the suspended sentence under Article 62(1) of the Criminal Act (two times prior to the day on which the crime is committed); the degree of crime; the level of drinking alcohol; the distance of driving, the distance of the vehicle; and other conditions of sentencing as indicated in the records, such as the

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