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(영문) 수원지방법원 안산지원 2017.11.23 2017고단2634

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 record] On April 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on November 11, 2008, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on December 30, 2013, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On September 3, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 0.106% at a distance of about 2 km from the street in front of the king market in Sinsi-dong, Singu, Singu, Sinri-si to about 20-1:5:

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 conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate 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 for mitigation of a small amount (the consideration given to favorable circumstances, such as the fact that the defendant is going against his/her gender);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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;