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(영문) 수원지방법원 안산지원 2018.08.08 2018고단1816

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] The Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on July 16, 2012, and on May 30, 2016, the Defendant received a summary order of KRW 1.5 million for the same crime from the same court on May 30, 2016, and received a summary order of KRW 1.5 million for the same crime, and has violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts] On March 13, 2018, the Defendant driven a motor vehicle B with low alcohol level of about 500 meters from the French land located in Singu-si, Sinung-si to the front day of the Water Resources Construction Corporation located in the same 2161 while under the influence of alcohol level of 0.123% among blood transfusion around 23:06.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes to investigation reports (verification of the same criminal suspect's records of driving alcohol);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the confession and reflect of the defendant, and the absence of criminal records exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;