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(영문) 수원지방법원 안산지원 2017.05.31 2017고단529

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

On July 2, 2010, the Defendant issued each summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method on July 2, 2010, as a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on May 10, 2013, for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method.

On January 15, 2017, around 05:40, the Defendant driven B rocketing car under the influence of alcohol content of about 0.086% at the 2.5km section from the front of the French-dong, Geumcheon-gu Seoul Metropolitan Government to the front of the written elementary school located in 397 in the luminous-ro Domini-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and 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 reduce the amount of punishment (see, e.g., Supreme Court Decision 201Da1448, May 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;