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(영문) 수원지방법원 성남지원 2019.01.09 2018고단2425
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2009, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on July 10, 200, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the same court on June 27, 2016.

On October 22, 2018, at around 01:01, the Defendant driven a B rocketing vehicle with approximately KRW 7 km away from the Modern-dong in Sungnam-gu, Sungnam-gu to the bottom of the west-dong in the same city area.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Criminal records, inquiry reports, criminal records of the suspect, and application of the summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, the records, such as the records, including the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., as well as the reason for sentencing under Article 62(1) of the Criminal Act;

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