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(영문) 수원지방법원 성남지원 2018.11.14 2018고단1972
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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] The defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on June 20, 2008 and KRW 4 million as a crime in the Sungnam branch of Suwon Friwon on March 6, 2017.

[2] On August 11, 2018, the Defendant driven a B-wing truck at the section of about 10km from the B-wing land in Gyeonggi-si to the 115 Seoul TG, under the influence of alcohol content of around 05:58 on August 11, 2018.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Notification of the result of suspension from driving under drinking;

1. Application of Acts and subordinate statutes to inquiries about criminal history, and reports on investigation (Attachment to drinking records);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentence identical to the order shall be determined by comprehensively taking into account the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances after the crime, etc., as well as the reason for sentencing under Article 62(1) of the Criminal Act, the record, such as the record, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution.

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