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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2588

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 June 13, 2008, the Defendant was issued a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) at the source of a water source method, and a fine of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) from the support for the development of a water source method, on December 13, 201.

On March 25, 2018, the Defendant, while under the influence of alcohol content of 0.231% from blood alcohol level around 22:55, was driving approximately 100 meters from the front of the Han River located in the front of the Han River in Ansan-si, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, an Annsan-si, 39 meters from the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da144

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;