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(영문) 수원지방법원 안산지원 2017.09.15 2017고단1987

도로교통법위반(음주운전)등

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 April 15, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 4 million for the same crime in the same court on April 5, 2017.

On July 6, 2017, the Defendant driven B K9 automobiles under the influence of alcohol concentration of 0.190% while under the influence of alcohol leveling from around 100 meters to the front road of the 5 luminous Police Station at the time of light lighting, from the front of the mix Tourist Tourist Tourist Zone located in the iron acid, to the front road of the 5 mpon-ro 5 mix, in light of light lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the previous convictions and reports) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative imprisonment with prison labor (such as the electricity of the same type of punishment and the blood alcohol concentration;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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