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(영문) 수원지방법원 성남지원 2017.05.24 2017고단921
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 record] On June 15, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon branch. On July 30, 2008, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

[2] On April 12, 2017, the Defendant driven Bk7 car under the influence of alcohol concentration of approximately 0.083% in a section of about 200 meters from the Do of Gwangju-si to the front road of the gas station in Gwangju-si, the scale of 376-38, the Do of Gwangju-si, the scale of which is 376-38.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (the suspect's previous convictions and report on 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 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of a small-scale driver's license (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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