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(영문) 수원지방법원 성남지원 2018.12.11 2018고단2185
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 January 3, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million for the same crime at the Seoul Northern District Court on July 14, 2010, and a fine of KRW 5 million for the same crime at the Seoul Eastern District Court on April 19, 2013.

On August 29, 2018, at around 00:49, the Defendant driven B sprinking vehicle under the influence of alcohol concentration of about 0.073% in a section of about 30 meters from the 30-meter radius to the 36th day of the Sungnam-si, Sungnam-si, Seoul Special Metropolitan City.

As a result, the Defendant violated the regulations prohibiting driving under the influence of alcohol not less than twice, and drives a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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 Code of the Order to Attend a lecture is that the defendant had been already punished several times due to drinking driving, but the fact that the defendant has caused the crime of drinking driving at the same time is very serious, but his/her mistake is recognized and seriously reflects himself/herself, the reason for driving a vehicle to move parking is that there are other circumstances that can be considered in the circumstances of the crime, and the punishment as ordered is determined by taking into account the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

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