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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2099
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 14, 2009, the Defendant was issued a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law (drinking driving) with respect to support for Sungnam-gu, the Suwon District Court of Incheon on February 24, 2014, and a summary order of KRW 1,50,000,00 as a fine for the same crime, respectively.

Although the Defendant had been able to commit a violation of the Road Traffic Act (drinking) more than twice as above, on July 30, 2017, the Defendant driven B QM3 car at the 1.2km section of approximately 1.2 km away from the roads in front of the 3-lane-dong in Gwangju City, Seog-si, through a brea-dong road, where he was under the influence of alcohol level 0.145% during blood transfusion around July 30, 2017, while he was under the influence of alcohol level 0.145%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal career data;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the criminal defendant reflects his/her wrongness, and that the criminal defendant has no past record of punishment exceeding the fine);

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

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