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(영문) 수원지방법원 성남지원 2017.11.03 2017고단2513
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

On October 31, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Sungnam branch support of the Suwon branch court, and on March 15, 2013, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Seoul East branch court.

Criminal facts

Although the Defendant had been able to drive two times of alcohol, on August 25, 2017, the Defendant driven B QM3 car under the influence of alcohol concentration of about 0.146% in the section of about 1km from the GAF parking lot located in the city of Gwangju to 145-ro 6, the center of Gwangju-si, Gwangju-si, to the backside road of the calendar-dong in Gwangju-si, Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written appraisal of alcohol concentration in the country and the blood transfusion;

1. Previous convictions in judgment: References to inquiries, such as inquiries about criminal history, and application of Acts and subordinate statutes (formers and confirmations);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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