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(영문) 수원지방법원 성남지원 2017.10.12 2017고단2037
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 September 19, 2006, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of road traffic law in support of the Sungnam-gu Friwon method, on June 5, 2009, a summary order of KRW 2 million for a violation of road traffic law (driving without a license), a violation of road traffic law (driving without a license) in the Seoul Eastern District Court on June 5, 2009, a summary order of KRW 2 million for a violation of road traffic law (driving without a license), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury caused by Danger), a violation of road traffic law (driving without a license), and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving without a license).

On July 21, 2017, around 21:45, the Defendant driven a Dcoon-bandon truck under the influence of alcohol concentration of about 0.05% at approximately 50 meters from the 500-meter section to the front road in the vicinity of the Damban Eup, Gwangju-si, Gwangju-si, to the front road in B.

As a result, the Defendant, who violated the Road Traffic Act at least twice, driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to records of the suspect and summary order);

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 suspension of execution (see, e.g., Supreme Court Decision 62(1));

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

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