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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1544
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 18, 2008, the Defendant issued a summary order of KRW 500,00,000 as a fine for a violation of road traffic law at the Jeonju District Court’s Eup branch on July 18, 2008, and on February 17, 2016, with the same crime at the Seoul Southern District Court’s Seoul Southern District Court.

On May 18, 2018, the Defendant driven a B-Loon car from the 1km section of about 1km to the front road of about 360 popon-ro, 0.20% of alcohol alcohol level among the blood transfusion around 23:20%, at the same time, from the front road of each spopon-ro, Sungnam-si to the front road of about 360 popon-ro.

Accordingly, although the defendant had a history of violating the prohibition of drinking driving regulations not less than twice, he re-driving in violation of this prohibition.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. The actual investigation report on traffic accidents;

1. A report on the circumstances of the driver at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The fact that there are a number of criminal records of the same kind with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and that the blood alcohol concentration was 0.202% and that the degree was reached above, are disadvantageous to the defendant.

However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confession and reflect on the crime of this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.

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