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(영문) 수원지방법원 안산지원 2018.06.29 2018고단1556

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 August 7, 2009, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and on October 4, 2013, a summary order of KRW 4 million as a fine of KRW 1,00,00 as a crime of the same crime from the support of Suwon Fri

Although the Defendant had been punished for drinking two or more times, on April 27, 2018, at around 01:17, the Defendant driven B SP car in the state of alcohol with approximately 2 km alcohol concentration of about 0.187% from the front side of the new road located in the new road located in the Nowon-gu Seoul Special Metropolitan City, Ansan-si to the front road of the new road located in the Sinsi-gu, Seoul Special Metropolitan City to Sinsiri-si, Sin City.

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 reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (applicable to punishment for drinking twice or more by a suspect);

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 and Articles 148-2 (1) of the same Act (Consideration of imprisonment, like electric power, degree of alcohol in blood, distance of driving, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of punishment exceeding a fine, etc.);

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