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(영문) 수원지방법원 성남지원 2018.02.08 2017고단3284
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 June 19, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating Road Traffic Act at the Seoul Eastern District Court, and KRW 3 million for the same crime at the same court on March 5, 2013, respectively.

[2] On December 2, 2017, the Defendant was under the influence of alcohol content of 0.080% in blood around 00:18, the Defendant driven a passenger vehicle B with B in the section of about 15 km from the subway 2 located in Gangnam-gu, Gangnam-gu, Gangnam-gu to the roads near the subway 396 located in Gangnam-gu, Gangnam-gu, Seoul to the roads in front of the Gyeongnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. License register;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (i.e., reflects on the suspension of execution, and there is no previous conviction exceeding the fine, and the drinking volume of the instant case is relatively minor);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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