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(영문) 수원지방법원 성남지원 2017.07.12 2017고단1292
도로교통법위반(음주운전)등
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

The Defendant is a person who was sentenced to a fine of KRW 700,000 to a fine of KRW 1,500,000 for the same crime in the same court on January 16, 2008, and a fine of KRW 5 million for the same crime in the same court on October 19, 2015, respectively.

Criminal facts

On May 13, 2017, while under the influence of alcohol with 0.108% in blood without a driver’s license, the Defendant driven a car with B string from about about 1 Km of 1Km to the front of the sales route for the same Eup-repair from the 31st through the front side of the early rural water in Gwangju City to the front side of the roto sales route for the same Eup-repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a sentence of imprisonment with prison labor chosen (the records of the same type of crime and drinking volume);

1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

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

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