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(영문) 수원지방법원 안산지원 2018.11.22 2018고단3359

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

[criminal record] On July 8, 2008, the defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) in the support of Suwon Frigwon, and on August 28, 2009, a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

[Criminal facts] On September 16, 2018, the Defendant driven a D New-BD vehicle under the influence of alcohol content of about 7 meters from the 00:35 U.S. on the front side of the BG loan to the front side of the BG loan in light of the U.S. in light of the foregoing, while under the influence of alcohol of about 0.195%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry into criminal records and investigation experience, reporting of investigation, and application of Acts and subordinate statutes of Part II of the summary order;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the previous records thereof);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflectability and a relatively short driving distance, and consideration given to favorable circumstances, such as the fact that there is no record of punishment exceeding a fine);

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

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