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(영문) 수원지방법원 안산지원 2018.05.31 2018고단981

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 May 2, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) at the Suwon Flag Flag Flag Flag on January 20, 2009. On January 20, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking), and on September 14, 2012 at the same court, issued a summary order of KRW 5,00,00 as a fine for a violation of the Road Traffic Act (driving of Drinking).

Nevertheless, at around 03:03 on March 18, 2018, the Defendant driven a B Ssp-type car under the influence of alcohol content of about 0.105% from the 5km section to the front road of the 203:08 Kukbbbbbbbbs, which was located in 154, as the previous luminous seat of the members of Ansan-si, from the roads front of the 154 square for the same day, around the same day.

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. Statement report on the circumstances of a driver who is placed in driving, notification of the results of crackdown on the driving of alcohol, and records of measurement of drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same kind of force), and application of the text of the judgment;

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 previous records thereof);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the consideration shall be given to favorable circumstances, such as the fact that the person commits a mistake and the fact that there is no record of punishment exceeding the 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;