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(영문) 수원지방법원 성남지원 2017.04.26 2017고단384
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 February 11, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in support of the Sungnam Friwon method, and seven million won as a fine on March 24, 2010 due to a crime of violating the Road Traffic Act, etc. at the Suwon Friwon method.

On February 7, 2017, the Defendant, at around 23:00, operated a sealed truck with approximately 30 meters of alcohol level 0.095% under the influence of alcohol level 0.095%, from 1204, to 1214, according to the Manam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of two-dimensional Acts and subordinate statutes;

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 or 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., driving distance, alcohol concentration in blood, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no record of punishment exceeding a fine due to driving under drinking);

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

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