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(영문) 수원지방법원 성남지원 2017.07.20 2017고단1435
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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on March 6, 2009 by receiving a summary order of KRW 1 million and KRW 1.5 million from the same court on October 22, 2012 as a crime of violating the Road Traffic Act, in support of the Sungnam branch of Suwon branch on March 6, 2009.

[2] On May 27, 2017, the Defendant driven a Bsch Rexn car under the influence of alcohol content of about 500 meters from the mutual influent restaurant parking lot located in Gwangju-si to the same flown distance from around 22:40 to around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Previous convictions: Application of the Acts and subordinate statutes to inquire into crimes, such as criminal history, and report on investigation (the confirmation of the same type of force);

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 crime of driving under the influence of alcohol on the grounds of sentencing Article 62-2 of the Criminal Act requires strict punishment as an offense that may infringe not only the driver but also the lives of citizens who use the road.

Although the defendant was punished for driving alcohol, he/she once drives alcohol again, and the amount of alcohol concentration in blood is relatively high, etc. that are disadvantageous to the defendant, the defendant reflects his/her gender, and the fact that he/she does not have any previous conviction exceeding the fine exceeds the fine shall be determined by taking into consideration the circumstances favorable to the defendant, such as the order.

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