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(영문) 수원지방법원 성남지원 2018.10.24 2018고단1751
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

On May 14, 2002, the Defendant was issued a summary order of a fine of KRW 700,000,000 as a fine for a violation of road traffic law in support of the Sungnam branch of Suwon branch on May 14, 2002, in the same court on August 6, 2008, and in the same court on September 3, 2013, for the same crime, the Defendant was issued a summary order of KRW 2 million as a fine for the same crime in the same court on the same day.

Criminal facts

On July 29, 2018, at around 21:47, the Defendant driven the Defendant’s residence in Gyeonggi-si Gwangju-si, with approximately 4km alcohol concentration of about 0.084% from the blood alcohol content to the roads 161-ro, Gwangju-si, Gwangju-si.

Accordingly, the defendant, despite the fact that he had violated the prohibition of drinking driving regulations more than twice, was driving in violation of the prohibition of drinking driving regulations again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, notification on the results of regulating drinking driving, and report on the situation of driving a drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's mistake is against the defendant, and all of the sentencing conditions indicated in the records, such as the blood alcohol concentration level in the instant blood transfusion.

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