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(영문) 수원지방법원 성남지원 2017.10.18 2017고단2277
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 November 14, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law from the Suwon Franchising Board, and on December 17, 2014, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the Chuncheon District Court.

Criminal facts

On August 8, 2017, the Defendant driven BM5 vehicle while under the influence of alcohol content of about 0.097% in blood, on the road from the So-gu So-dong, So-dong, So-dong, So-gu, Sungnam-si to the Cranc Park Park in the same Dong from March 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 (i.e., that there is no record of punishment exceeding the fine for the same kind of crime, that there is a short distance driving, and that the blood alcohol concentration in the blood is not very heavy, etc.);

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

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