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(영문) 수원지방법원 성남지원 2018.09.14 2018고단1449
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

On January 20, 2010, the Defendant was punished by a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on April 16, 2013, by a fine of 7 million won for a crime of violating the Road Traffic Act, and was punished twice or more for a crime of driving a motor vehicle while under the influence of alcohol.

On May 9, 2018, at around 21:48, the Defendant driven a two-way lurburged vehicle while under the influence of alcohol 0.142% in a section of approximately 500 meters from the alcohol house located in the Orpo-si Eup in Gwangju-si, Gyeonggi-do to the same lurgian road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture and the order to provide community service order have been punished by a fine for the same crime three times or more, and thus, the prior action of a fine is no longer possible: Provided, That the defendant's mistake is against the defendant and again does not drive drinking again.

The punishment shall be determined as ordered in consideration of various points, etc.

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