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(영문) 수원지방법원 성남지원 2018.03.16 2018고단8
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2006, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving), and a fine of KRW 4 million for the same crime in the same court on January 10, 2012.

On December 8, 2017, the Defendant driven at around 22:07, the Defendant, from around 22:07, a water vibration 1, the Sinnam-si, the Sinnam-si, Gaz., 2, 3015, to the front road of the Guhjin 2, 3015, Gaz., the alcohol level of approximately 500 meters during blood alcohol level to 0.123% during blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver involved and response to a request for appraisal;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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 (The following favorable circumstances):

1. The fact that there are a number of criminal records of the same kind with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and that the blood alcohol concentration exceeds 0.123%, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant led to the crime of this case, the crime of violating the Road Traffic Act has no record of punishment exceeding the fine, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.

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