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(영문) 수원지방법원 성남지원 2017.12.15 2017고단2842
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on December 20, 2013 by receiving a summary order of KRW 1.5 million from the same support on May 19, 2014 to a fine of KRW 2 million for the same crime from the same support on the road traffic law at the Seongbuk-nam Support Center of Suwon Friwon.

On September 2, 2015, the Defendant was sentenced to a suspended sentence of three years on September 2, 2015, which was sentenced to imprisonment with prison labor and six months for fraud, etc., and the judgment became final and conclusive on January 19, 2016.

[2] On September 29, 2017, around 00:17, the Defendant driven C and C, while under the influence of alcohol concentration of about 20km from the section of about 0.150% from the section of about 185-64, which is the 185-64, Seoul, Songpa-gu, Seoul, the Seoul, the Nam-gu Seoul, the Southern, the Southern, the Nam-gu, the Southern, the Southern, the Nam-dong, the Southern, the Southern, and the Southern.

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. Investigation report, notification of the results of crackdown on drinking driving, and the details of crackdown;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, is inevitable to have committed the instant crime committed during the period of suspension of execution.

However, in consideration of the fact that the defendant reflects the mistake, he/she shall be sentenced to imprisonment with labor of the highest court.

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