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(영문) 수원지방법원 안산지원 2017.06.13 2017고단1233
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

[criminal history] On April 20, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, and on April 6, 2017, the Defendant filed an application for a summary order with the Seoul Western District Court for a violation of the Road Traffic Act (drinking driving).

[Criminal facts] On April 21, 2017, around 23:07, the Defendant driven B mixed-use car under the influence of alcohol concentration of 0.092% from 150m alcohol level to 0.092% from 5m alcohol level to 5m digital at the time of luminous lighting from the Hansan-dong Commercial Area before the Hansan-dong Commercial Area.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: The defendant's legal statement, inquiry about criminal history, copy of a summary order, confirmation of his previous conviction due to the disposition, and application of Acts and subordinate statutes in indictment;

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 suspended execution;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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