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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2837
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 28, 2002, the defendant was issued a summary order of KRW 3 million by the same court due to a violation of the Road Traffic Act (drinking driving), and on November 19, 2010, the defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), and on November 21, 2016, the defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) in the support of the Sungnam Friwon Friwon Friwon Friwon Friwon Friwon Friwon 200.

[2] On September 28, 2017, the Defendant driven B Poter Cargo under the influence of alcohol content of 0.111% while under the influence of alcohol, even though the Defendant had twice or more of alcohol driving power in a section of approximately 2m of the second underground parking lot located in Gyeongnam-gu, 637-36, as in the Gwangju City Council Draft on September 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as 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. 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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, the defendant has returned home by using his/her substitute driving, and the fact that the defendant drives the vehicle for parking in the underground parking lot of apartment houses and the distance of driving is short shall be determined as the same as the order of punishment in consideration of all the sentencing conditions;

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