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(영문) 수원지방법원 성남지원 2018.05.04 2018고단459
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than five 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 February 19, 2018, at around 14:15, the Defendant driven C rocketing car with a alcohol content of about 0.099% while under the influence of alcohol over about 40 meters from the roads near the trade convenience store in the Sinpo-si, Sinpo-si, Gwangju to the roads near the 123th place of light elementary school in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation, order to attend a lecture or order to attend a community service order are the crimes of violating the Road Traffic Act in 2008, the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents on February 2, 2014, the crimes of violating the Road Traffic Act on September 2015, the crimes of violating the Road Traffic Act on September 2, 2015, the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (non-licenseless Driving) and the crimes of violating the Road Traffic Act (non-licenseless Driving) on October 24, 2016, and the crimes of violating the Road Traffic Act (non-licenseless Driving) on December 20, 201 and each of the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents on December 6, 2017, respectively.

In recent years from 3 to 4 years, there are many criminal records such as the violation of the Road Traffic Act, and traffic accidents occur, however, continuous driving without a license and driving of drinking and danger of recidivism shall be determined as ordered by considering the fact that there is a risk of recidivism.

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