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(영문) 수원지방법원 2017.11.07 2017고단5571
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

Criminal facts

[criminal history] On October 19, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 19, 2007. On September 30, 201, the Defendant was issued a summary order of KRW 1 million as the same crime in the same court.

[Criminal facts] On August 12, 2017, the Defendant driven a 40km car from the front of the Gan-si cafeteria, where it is difficult to find out the trade name on the part of the members of the Nan-si, Ansan-si, the alcohol concentration of which is 0.108% at around 05:36 on the blood, to the front of the road of the "Min-si, Man-si, Man-gu, Man-si," which is located in the Man-si vibrationic vibration at Sungnam-si

As a result, the defendant, who has been punished not less than twice due to drinking driving, once again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Act on Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), that the criminal defendant is divided and reflected, that human and material damage has not occurred due to the instant crime,

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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