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(영문) 수원지방법원 성남지원 2018.05.18 2018고단495
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 December 8, 2009, the Defendant was issued a summary order of 2.5 million won of a fine for a violation of road traffic law (drinking) in support of the Sungnam branch of Suwon branch on December 8, 2009, and a summary order of 1.5 million won of a fine by the same court on May 18, 2016, respectively.

Criminal facts

On March 6, 2018, the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking driving), and was under the influence of alcohol concentration of 0.055% in blood at around 23:54 on March 6, 2018, the Defendant driven BM5 car from the section of about 100 meters from the front side of the Gannam-gu Gannam-si, Gyeonggi-do, to the front side of the 400-1 Pungnam-gu, GM5 car at around 100 meters at the same desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant's wrongness; the degree of alcohol concentration among the blood of this case in this case and the defendant's same criminal records, etc. shall be determined by taking into account all the kinds of sentencing conditions shown in the pleadings of this case, such as the order.

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