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(영문) 수원지방법원 안산지원 2017.08.16 2017고단1494

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

【The Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Ulsan District Court on May 29, 2008, and on March 10, 2010, the Defendant was sentenced to a summary order of a fine of three million won or more for the same crime at the Busan District Court on March 10, 201.

(2) On May 2, 2017, the Defendant: (a) driven a Bcom-sports car under the influence of alcohol with approximately 0.073% alcohol concentration at a section of about 10 meters from May 22, 2017 to the front day of the same Docom-sports restaurant from the Dopo-dong, Seogu-gu, Singu, Singu, Seopo-si to Singu; and (b) drive a bcom-sports car under the influence of alcohol once again despite the influence of alcohol twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of suspect drinking skills);

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of a small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflect of the defendant, the relatively low drinking value, and

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;