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(영문) 수원지방법원 안산지원 2017.09.07 2017고단2047
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 30, 201, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc., in the support for the safe flow of water sources, and on April 30, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) in the support for the safe flow of water sources, and on April 30, 2008.

On April 12, 2017, the Defendant driven B-low car under the influence of alcohol concentration of about 0.092% in a section of approximately 100 meters from 01:14 to 100 meters from the French-dong, Chungcheongnam-si, Chungcheongnam-si to the Seodo Water Resources Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor (any other unfavorable circumstances, such as the fact that the defendant has been punished for the same kind of crime on several occasions, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (i.e., the Defendant recognized his mistake and reflects his mistake, the blood alcohol concentration at the time of the instant crime did not reach 0.1%, and favorable circumstances, such as that the Defendant has no criminal history exceeding the fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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