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(영문) 수원지방법원 안산지원 2018.09.27 2018고단2620

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] On September 8, 2006, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving alcohol) from the Suwon Friwon, and on December 5, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime.

[Criminal facts] On July 22, 2018, the Defendant driven a motor vehicle with D low alcohol level of about 300 meters from the front road of Ansan-si Member B to the front road of Ansan-si Member C, Ansan-si, Seoul-si, with approximately 300 meters alcohol level of about 0.347% under influence of alcohol level.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the previous records thereof);

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;