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(영문) 수원지방법원 성남지원 2018.02.07 2017고단3172
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 6, 2009, the Defendant was sentenced to a fine of seven million won due to a violation of road traffic law (drinking driving), etc. at the Seoul Eastern District Court on June 3, 201, and a summary order of four million won due to the same crime, etc. at the Seoul Central District Court on June 3, 201, and on November 30, 201, the Defendant was sentenced to a suspended sentence of six months with imprisonment for the same crime, etc. at the Seoul Central District Court.

[2] Although Defendant 1 had a alcohol driving force twice or more as above, Defendant 2 driven B rocketing car in the influence of alcohol at approximately 0.093% of alcohol level from the 1km section to the front road of the sports ground located in the Ginam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, to the front road of the Ginam-gu, Sungnam-gu, Sungnam-gu, Sungnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of an investigation report (verification of the same type of force);

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

1. Article 62(1) of the Criminal Act on the stay of execution (it is possible to have the record of punishment for driving under the influence of alcohol, however, taking into account the degree of alcohol concentration, driving distance and other conditions of sentencing prescribed in Article 51 of the Criminal Act);

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

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