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(영문) 수원지방법원 성남지원 2018.09.06 2018고단1348
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 8, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Jung-gu District Court on the same day on August 14, 2012, a fine of KRW 4.5 million for the same crime at the same court on the same day on August 14, 2012, and a fine of KRW 7 million for the same crime on April 27, 2015.

[2] On June 3, 2018, the Defendant, while under the influence of alcohol at around 21:34, 0.232% during blood alcohol, driven a CEngine bicycle over about about 1 Km of 1 Km to the front road of Gwangju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. A written appraisal of alcohol in the blood;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of a summary order by suspect;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

In light of the fact that the defendant had been punished for the same criminal records and carried out drinking again, and that the amount of alcohol concentration in blood is considerably high, the responsibility is heavy.

However, he/she does not drive drinking again by disposing of the fact that the defendant is against himself/herself, and disposing of the Oralba.

The punishment shall be determined as per the disposition, taking into consideration the fact that there is no previous conviction exceeding the fine and there is no previous conviction.

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