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(영문) 수원지방법원 성남지원 2018.11.15 2018고단2240
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

Punishment of the crime

[criminal history] The Defendant is a person who has been issued a summary order of KRW 5 million by the same court on March 4, 2013 as a crime of violating the Road Traffic Act (dacting driving) in support of the Sungnam branch of Suwon branch on July 27, 2012, and a person who has been issued a summary order of KRW 5 million by the same court on March 4, 2013.

[2] On October 2, 2018, the Defendant was under the influence of alcohol content of 0.104% in blood around 21:20 on Oct. 2, 2018, and driving B Ssp motor vehicle from approximately 3km to the same Eup/Myeon from the spke land in the Gyeonggi-si to the 3km road in front of 35 central development.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking records and attachment of judgment attached thereto);

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. 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 9

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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