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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2452
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 January 2, 2009, the Defendant issued a summary order of 2.5 million won by a fine of 3 million won for a crime of violating the Road Traffic Act (drinking driving), and on May 22, 2009 by the same court on May 22, 2009.

On April 11, 2017, from around 23:05 to 23:11 of the same day, the Defendant driven B-low-income car from around the alcohol house located in the Sinung-si in the Sinung-si in the state of 0.212% of alcohol content during the blood, to the 89th day of Sinung-si welfare.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Sovereign photographs;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

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 amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da144

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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