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(영문) 수원지방법원 안산지원 2018.07.11 2018고단1570

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the main branch of the Chuncheon District Court on April 8, 2011, and on September 12, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime from the support of the Suwon Friwon, as a fine of KRW 2 million for the same crime.

On April 22, 2018, the Defendant driven a Category B motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.149% from around 23:08 to the front road of the sports park located in the same city street 50 meters prior to the same city.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history and application of relevant statutes;

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, the fact that there is no previous conviction exceeding the fine, the fact that the driver disposes of the vehicle and shows his will to repent it);