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(영문) 수원지방법원 안양지원 2017.10.24 2017고단1530
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 June 14, 2016, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in support of the development of the Suwon Friwon method. On November 16, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

[Criminal facts] On June 9, 201, the Defendant driven the Defendant’s B B B-type vehicle under the influence of alcohol with approximately 20 K K alcohol concentration of about 0.152% in blood at the 20 K section from the street in the enclosed Eup to the underground street in the Sinpo-si of Sinpo-si at the end of Sinpo-si, Sinpo-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Attachment to a report of the same kind of judgment against 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. 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 Order to Attend: The fact that the defendant admits his/her mistake, that the defendant has no record of being punished as a stay of execution or more than a stay of execution, unfavorable circumstances: The fact that there was a record of punishment for the same kind of crime, such as the previous record

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