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(영문) 수원지방법원 성남지원 2017.04.19 2017고단274
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 14, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) from a water source method source, and a fine of KRW 4 million as a fine for the same crime from Sungnam support from the water source method source on September 3, 2010.

On January 24, 2017, the Defendant driven a B Car under the influence of alcohol level of 0.104% in the blood alcohol level from the front line of the French-gu, Seongbuk-gu, Sungnam-si to the shooting distance of the members of the Hawon-dong, the lower court, from around 1km to around 08:36, the lower court driven the B Car under the influence of alcohol level of 0.104%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and a statement in the circumstances;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the previous and confirmation), and application of each of the Acts and subordinate statutes governing summary orders;

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 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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