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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2841
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] On February 21, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court on February 21, 2007, and on June 12, 2008, the same court issued a summary order of KRW 2 million for the same crime.

[Criminal facts] On September 24, 2017, around 23:15, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.150% in the 2km section from the day after the AK department store located in the Dong-dong to the front day of the model complex located in the same Gu and located in the same Dong-dong from the day after the end of the Dong-dong.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol once again, with the history of punishment for driving a motor vehicle twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports attached to summary orders of the same kind of suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspension of execution (the reflection of the fact, the relationship of the same criminal record, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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