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(영문) 수원지방법원 안산지원 2018.08.23 2018고단1614

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 history] On July 4, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving on drinking), and a summary order of KRW 2 million for the same crime in the same court on May 22, 2009, respectively.

[Criminal facts] On May 1, 2018, the Defendant driven B A8 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration 0.108% from the 500-meter section from the night village, the front day of the night village in the Haban-dong at the time of light lighting around 20:20 to the front day of the road in the same Dong or in front.

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: Application of Acts and subordinate statutes to criminal records and investigation reports (the same criminal records and attachment of summary orders of the suspect);

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 same kind of power);

1. Reduction of a certain amount of punishment under Article 53 and Article 55 (1) 3 of the Criminal Act (the favorable circumstances, such as the reflection of the amount of punishment and the fact that there is no record of punishment exceeding the amount of fine);

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

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;