(영문) 수원지방법원 2018.08.21 2018고단3136



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.


Criminal facts

[criminal history] On March 30, 2010, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 30, 2010, and received a summary order of a fine of five million won from the source of water source method to the same crime on July 26, 2013 and received the summary order of a fine of five million won or more for the same crime, and has the record of punishment for the violation of the Road Traffic Act

[Criminal facts] On April 21, 2018, the Defendant driven a Cmari-type car over about 10km from the Do near the new Do in Gangnam-gu, Seoul to the Do in Sungnam-si, Sungnam-si, and up to the front Do in front of the military unit, while under the influence of alcohol level of 0.12% in alcohol level among blood transfusion around 23:20 on April 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement about the results of crackdown on driving under drinking, and the situation of the driver;

1. Photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the previous convictions in each disposition and reporting on the results thereof, and application of statutes governing summary order;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the same Act (Article 62(1) of the same Act), that there is no record of criminal punishment except for fines twice, that the instant vehicle appears to have been disposed of, that there is clear social relation, on the other hand, that the Defendant was involved in an accident involving signs prohibiting parking while driving a motor vehicle while driving a motor vehicle while causing an accident involving a sign of no parking and a

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;