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(영문) 수원지방법원 안산지원 2018.09.07 2018고단2146

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 September 13, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) in the support of Ansan Flag method, and was sentenced to a fine of six million won in the same court on November 7, 2014. On February 21, 2018, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol at least twice, was driving a C Kanb car under the influence of alcohol in the influence of alcohol at least 0.264% in the speed of alcohol in the direction of the city of Ansan-si located in the upper-dong of the members of Ansan-si on February 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a written inquiry, such as criminal history, report on investigation (A) and Acts and subordinate statutes (Attachment to the suspect's previous convictions and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts at the option of a punishment ( Consideration, such as the selection of imprisonment, the same kind of power, the considerable amount of alcoholic beverages consumed before the crime, the degree of alcohol concentration during blood and the occurrence of a traffic accident due to drinking, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act (including points recognized as facts charged, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;