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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1919
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 26, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon Frigwon, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) on August 16, 2016.

[Criminal facts] On September 23, 2017, the Defendant driven DK9 automobiles while under the influence of alcohol content of about 0.086% in the 1km section from the front of the apartment site located in Hanpo-ro, 09:39 on the same day, Hanpo-ro, Sinpo-si, 09:39 on the same day, to the 252 Shinpo-ro, Sinpo-si, Mapo-ro, 1km-ro, 052.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on confirmation of the same type of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Act on Education - The fact that the defendant admits his/her mistake - Unfavorable circumstances: The fact that there has been a history of punishment for the same crime as

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