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(영문) 수원지방법원 안산지원 2017.02.03 2016고단4433

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 December 5, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of road traffic law at the Daejeon District Court on December 5, 2013, and a fine of KRW 1 million for a crime of violation of road traffic law at the Daejeon District Court on April 14, 2016.

On November 1, 2016, around 05:20, the Defendant driven a BS-type car under the influence of alcohol content of about 0.122% in blood while under the influence of alcohol at approximately 130 km from the 796th Do to the IC of Suwon-gu, Suwon-gu, Daejeon-gu, Daejeon-gu, Daejeon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Inquiries into foreign crimes and investigation career data, and application of Acts and subordinate statutes of a report on investigation (Attachment of the previous and summary decisions two times within three years);

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 suspended execution;

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;