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(영문) 수원지방법원 안양지원 2017.11.10 2017고단1415

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 2, 201, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime at the same court on October 21, 2011, and a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on October 11, 2012.

[Criminal facts] On August 1, 2017, the Defendant driven at approximately 10km from the section of approximately 10km X-si in the direction of 0.069% of alcohol content in the blood, while he was under the influence of alcohol at around 06:52, to the king-si road in front of the deep-gu Goyangyang-dong in the city of Ansan-si to the king-si, the Defendant was driving of B-si EX-si cargo at approximately 10km.

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 reply to inquiry, such as criminal history, investigation report (formers and reports), and statutes;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - Other unfavorable circumstances: A person who has been sentenced to suspended sentence by driving of the same kind of drinking three times, or by driving without a license has the record of being sentenced to suspended sentence.