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(영문) 수원지방법원 안산지원 2018.05.02 2018고단813
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 24, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 4 million as a fine for the same crime in the same court on April 1, 2015.

【Inasmuch as the Defendant was punished on two or more occasions for drinking, the Defendant driven a motor vehicle with low alcohol level of about 0.063% in the section of approximately 200 meters from around March 11, 2018 to the front road of the same luminous Police Station, in light of the fact that the Defendant was under the influence of alcohol at around 07:20 on March 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of punishment for driving drinking not less than twice a suspect and reporting thereon) Acts and subordinate statutes;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that a defendant is led to a crime and reflects the crime, and that a person drives a motor vehicle without completely shouldering the horse preceding the preceding day and there are circumstances to be considered in the circumstances leading to the crime and that the drinking

1. An order to attend a course under Article 62-2 of the Criminal Act;

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