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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2142
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 August 27, 2010, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in support of the Sungnam-gu Friwon method, and on August 23, 201, the Defendant was sentenced to a suspended sentence of two years for a period of four months for a violation of road traffic law in the same court.

around 1:20 on July 7, 2018, the Defendant driven Dsch Rexroth car while under the influence of alcohol content of about 0.128% from the distance prior to the Gangnam-gu Seoul, Gangnam-gu, to the tride distance in the Sungnam-si, Sungnam-si, Sungnam-si, about 20 kilometers.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of the driver at the primary driving, report on the circumstances of the driver at the primary driving, and investigation report (report on the circumstances of the driver at the primary driving);

1. Previous convictions: Application of the provisions of Part III Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, and a separate judgment of the suspect;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate weight (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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

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