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(영문) 수원지방법원 안산지원 2018.11.21 2018고단3410

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2008, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) from the original Chuncheon District Court's original branch on January 23, 2008, and on May 23, 2014, the Defendant received a summary order of KRW 3 million for the same crime at the same court.

On October 13, 2017, the Defendant was under the influence of alcohol content of 01:40 and blood alcohol content of 0.062%, and the Defendant driven BMW X5 car from the section of approximately 1km to the pumps before the pumps in Silung-si from Silung-si to Silung-si, 1161.

Summary of Evidence

1. Statement by the defendant in court;

1. An output paper;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is more than the amount of a fine, such as a previous conviction and a fine, which is four times before and after the previous conviction of the accused, the degree of alcohol content during blood, the circumstances of drinking driving, and distance;