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(영문) 수원지방법원 성남지원 2017.08.18 2017고단1471
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 12, 2013, the Defendant issued a summary order of KRW 500,000,000 as a fine for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, on September 6, 2012, the Seoul Central District Court issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, respectively.

On April 27, 2017, the Defendant driven a body car in the state of alcohol alcohol level of about 0.122% from the 10km section of the blood alcohol level to the front road of about 1101, the apartment complex of about 68 percent in the city of Gyeonggi-gu, Gyeonggi-gu, the Seoul-si, the Gyeonggi-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-gu, the Seoul-do, the Defendant of which was under the influence of alcohol level.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Reports (1), (2) on traffic accidents;

1. Photographs, etc. of vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of criminal suspect's previous convictions and convictions);

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has a number of criminal records of the same kind, and the blood alcohol concentration in the instant crime is not lower than 0.122%, etc. are disadvantageous circumstances.

However, the defendant has no record of punishment exceeding the fine, confessions and reflects the crime of this case, and does not repeat the crime.

The punishment shall be determined as per the disposition in consideration of the fact that the punishment is in progress and other circumstances under Article 51 of the Criminal Act.

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