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(영문) 수원지방법원 안양지원 2018.10.12 2018고단1329

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 3, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on December 3, 2008, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on June 7, 2016.

[Criminal facts] On July 24, 2018, around 23:19, the Defendant driven a Crocketing car with a alcohol content of about 200 meters from the king Station located in Guang-si to the front road of Kuang-si's Gang-si's Hodong from around 200 meters to 0.182% under the influence of alcohol in blood.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes confirming the history of suspect drinking;

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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (2) 1 of the Act on the Suspension of Execution) (Article 62 (1) 1

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;