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(영문) 수원지방법원 성남지원 2019.10.24 2019고단1700
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a spak vehicle B.

On March 20, 2014, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Suwon District Court on March 20, 201, and a fine of KRW 1 million for the same crime at the Suwon District Court on June 8, 2016.

On April 27, 2019, the Defendant, as a person who violated the Road Traffic Act two times, driven a section of about 300 meters from the Gu from the Subdivision to the front of the D Building in the state of drinking alcohol concentration of 0.114% (on the day of the day of the day of the week) around April 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry results of the drinking control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the same Act does not apply to cases where the liability for the crime is not absolute in light of the degree of punishment and the same kind of power, etc., but the

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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