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(영문) 수원지방법원 성남지원 2017.11.03 2017고단2222
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 May 1, 2008, the Defendant received a summary order of a fine of two million won or more due to a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon, and on April 13, 201, the Defendant received a fine of three million won or more due to a violation of road traffic law (drinking driving) from the Suwon Friwon Friwon.

On July 19, 2017, the Defendant, at the entrance of the Korea Foreign Language University located in Gyeonggi-si, Gyeonggi-do, with a alcohol level of 0.214% during alcohol while under the influence of alcohol on July 19, 2017, driven a B-ray car at approximately 2 km away from the entrance of the Korea Foreign Language University at Gyeonggi-si to the front day of the convenience store in Gyeonggi-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though he/she has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and of a report on investigation (A) (Attachment to the same summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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

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