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(영문) 수원지방법원 안양지원 2018.09.13 2018고단1149

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] On September 9, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Northern District Court, and a summary order of KRW 4 million for the same crime at the Seoul Western District Court on January 9, 2013.

[2] On May 21, 2018, the Defendant driven B A7 car from the 2km section to the front road of the 300 Empt in front of the 300 Emb from the front road of the Hoyangyang-dong P&A in a safe state of drinking alcohol content of 0.13% in blood during the influence of alcohol at around 22:15 on May 21, 2018

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and attachment of summary orders);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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., Supreme Court Decision 62 (1)

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;