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(영문) 수원지방법원 안양지원 2017.06.20 2017고단632

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 20, 2008, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (drinking driving), and on October 21, 201, by the Seoul Central District Court of Seoul, a summary order of KRW 8 million with a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (drinking driving).

On February 27, 2017, the Defendant driven B K7 vehicle under the influence of alcohol content of approximately 0.237% from the 2km section of approximately 2 km to the front road of the “open Lone Star Oil Station,” located in the king-si, Suyang-dong, Suyang-dong, Suyang-si, Seoul, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - The defendant's mistake is recognized - unfavorable circumstances: The blood alcohol concentration is very high, and the defendant has a record of being punished for the same crime like the previous conviction recorded in his/