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(영문) 수원지방법원 성남지원 2018.01.18 2017고단3100
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 23, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 2 million for the same crime in the same court on June 16, 2014, respectively.

[2] On September 22, 2017, the Defendant: (a) around 21:55, the Defendant driven a Cwning truck owned by the Defendant and one ton truck under the influence of alcohol content of 0.135% at around 50 meters in the direction of Negggn’s church, which is located in the Qing practice site in the second half of the Seocho-gu Eup in Gwangju-si, Gwangju-si to the front road of the same Eup.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (main driver's circumstantial report) and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two 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 Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

In full consideration of all the factors of sentencing, such as the fact that the defendant is against, the circumstances leading to driving, the driving distance, etc., and the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc. of this case, the punishment shall be determined as per the order.

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