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(영문) 수원지방법원 안산지원 2017.12.19 2017고단2935
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 October 27, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in the support for the safe flow of water sources, and on June 20, 2013, the same court issued a summary order of KRW 1,50,000,00 as a fine for a violation of the Road Traffic Act.

On September 16, 2017, the Defendant driven a vehicle of 0.143% alcohol level while under the influence of alcohol leveling from around 22:30 to around 31, 2017, the Defendant was driving at the 1km section of approximately 1km from the dong-gu, Mansan-si in Ansan-si to the upper end of 31st century.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. As to the investigation report (as to the application of the above Dmark):

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of summary order to the same type of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime (the selection of punishment by imprisonment, the degree of alcohol concentration in blood, circumstances at the time of committing the crime, other records of the crime, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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 so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

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