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(영문) 수원지방법원 안산지원 2018.05.02 2018고단835

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2012, the Defendant issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Incheon District Court on October 16, 2012, and a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the support of the Suwon Friwon, which was issued on April 7, 2017.

On November 30, 2017, the Defendant driven a B-te motor vehicle under the influence of alcohol concentration of about 1 Km from the front side of the Dong name commercial building located in the Gu department in Ansan-si, a member of Ansan-si to the spring officetel underground parking lot of about 1Km from the front side of the Dong name commercial building located in the Gu department in Ansan-si, a member of Ansan-si, to the 1077-15 Sinsan-si, the Defendant driven a B-te motor vehicle under the influence of alcohol concentration of about 0.193%.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act (the fact that the defendant had the same criminal record as the judgment, in particular, was sentenced to a fine for the same criminal record as the judgment on April 2017, and again committed the instant crime on November 2017, and the degree of alcohol content during blood transfusion, driving background, distance, etc.).