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(영문) 수원지방법원 안산지원 2017.08.10 2017고단1945

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 December 10, 2010, the Defendant was issued a summary order of KRW 5 million due to a violation of road traffic law (drinking driving) in the support for childbirth of the Suwon Friwon method, etc. on December 14, 201, and the order became final and conclusive on May 14, 2011. On July 4, 2011, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law (drinking driving) and the order was finalized on July 24, 2011.

On July 8, 2017, the Defendant driven a cub car in B from approximately 2 km to the front road of the dong commercial building located in the Dong-dong of the members of Ansan-si in the state of alcohol leveling 0.233% of alcohol level among blood transfusion around 22:20 on July 8, 2017 to the front road of 184.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of two-time records of drinking driving), and application of Acts and subordinate statutes reporting previous convictions and results of confirmation;

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 suspended execution;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;