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수원지방법원 성남지원 2018.11.21 2018고단1837
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 13, 2014, the Defendant was sentenced to a fine of KRW 300 to a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on October 13, 201, and a fine of KRW 4 million by the same court on January 22, 2016.

On July 12, 2018, while under the influence of alcohol content of 00:35% during blood, the Defendant driven a vehicle from the trade name in Seocho-gu Seoul Metropolitan Government 0.137% to the access road at the stop located in the Gando-si Denan-si (Seoul Seocho-gu) death zone (Seoul Seocho-gu) at approximately 20km during the section of 20km.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the driver's regular statement;

1. Notification of the results of regulating drinking driving;

1. Application of a reply to inquiry, such as criminal history, and application of a summary order of the suspect to two Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The same sentence as the order shall be determined by comprehensively taking into account the following factors: the reason for sentencing under Article 62-2 of the Criminal Act: the record of the crime, the figure of drinking, the distance of driving, the distance of confession, the fact that there is no record of the crime exceeding the fine; and the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.

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