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(영문) 수원지방법원 성남지원 2018.12.19 2018고단2457
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

[criminal history] On December 11, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the Seoul Central District Court of Seoul, and a summary order of KRW 3 million for a crime of violation of road traffic laws at the Sungnam Support Center of Suwon Friwon on February 5, 2013.

[2] On October 23, 2018, the Defendant driven BM520 V automobiles while under the influence of alcohol concentration of about 0.160% from the blood alcohol level at approximately 200 meters to the front roads of the 526-38 high schools, such as the same Gu, from the upstream store near the opening-dong, Manam-si, Manam-si, Sungnam-si.

As a result, although the defendant had a previous record of violating the prohibition of drinking driving regulations not less than twice, he has driven a motor vehicle under the influence of alcohol in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are against mistake, and the sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the alcohol concentration numerical value during the blood of this case and the same criminal records.

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