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(영문) 수원지방법원 안산지원 2018.10.16 2018고단3060
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Friwon on Nov. 17, 2006, and issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court on Apr. 2, 2015. A person who violated Article 44(1) of the Road Traffic Act on at least two occasions.

【Criminal fact-finding on August 20, 2018, the Defendant driven a B-hand car under the influence of alcohol leveling 0.097% in alcohol level while under the influence of alcohol leveling 0.097%, from the roads near the Han River Station in Ansan-si, Ansan-si to the roads in front of the apartment complex in the same Gu and private village.

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 convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order issued under the same kind of drinking record as the suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is two times the reason for sentencing, but the driving of drinking again is likely to require strict punishment.

Provided, That the punishment shall be determined as ordered in consideration of the absence of accidents, there is no record of punishment exceeding fines due to the same kind of crime, and the circumstances against which the punishment is against, etc.

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