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(영문) 수원지방법원 성남지원 2017.06.21 2017고단1114
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 April 14, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon Friwon on April 14, 2008, and KRW 2 million as a fine for the same crime in the same court on June 27, 2016.

On April 28, 2017, around 00:35, the Defendant driven a B-owned car under the influence of alcohol with approximately 0.083% alcohol level from the 15km section of the blood alcohol level from the 658-2 Sincheon-si, Taecheon-si, Seoul-si to the 915-ro, Sungnam-si, Sungnam-si, Seoul-si, to the 915-roscop.

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 indicated in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (verification of persons who drive drinking);

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 Suspension of Execution (see, e.g., the fact that a person commits a mistake and repents, the fact that there is no record of punishment exceeding a fine, and the fact that the blood alcohol concentration is very high);

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

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