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(영문) 수원지방법원 성남지원 2019.08.07 2019고단1079
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 22, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Seongbuk-gu District Court's Sungnam branch, and a violation of the Road Traffic Act (driving). On May 15, 2014, the same court was sentenced to imprisonment for eight months in the same court on May 15, 2014.

【Criminal Facts】

On April 28, 2019, the Defendant driven the Ebenz car in approximately 500 meters from the street on the front end of the Jung-gu Seoul Special Metropolitan City, Sungnam-gu to the front road of the D School located in Sungnam-gu, Sungnam-si, Seoul, while under the influence of alcohol by 0.128% of alcohol level around 22:29 on April 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. To make a report on the situation of running a driving under the influence of alcohol, a report on the state of standing of a driver under the influence of alcohol, an inquiry into the results of the control of drinking alcohol, and an personal inquiry into the report;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of sound driving records), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply in force on June 25, 2019) concerning the selection of punishment;

1. A normal drunk driving that is disadvantageous to the reason for sentencing (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 200) is a crime that may pose a risk of traffic

The defendant is punished by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2009, a fine for the violation of the Road Traffic Act in 2012, a fine for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a fine for the violation of the Road Traffic Act in 2012, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

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