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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1665

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 9, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on May 9, 2008, a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon on February 28, 2012, and a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Ansan Frigwon on August 22, 2012.

On June 11, 2017, at around 00:30, the Defendant driven a B-hand car with alcohol concentration of approximately 0.154%, while under the influence of alcohol at around about 1km from the 1km section to the shooting distance of the Korea Water Resources Corporation in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on confirmation of suspect drinking driving history);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning the facts constituting an offense and Articles 148-2 (1) (Consideration of imprisonment, the selection of imprisonment, the records of the same criminal punishment, the degree of alcohol concentration in the blood, the distance of alcohol driving, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the fact that there is no past record of punishment or heavier punishment);

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