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(영문) 수원지방법원 안산지원 2017.11.29 2017고단2891
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 23, 2006, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the support of the Suwon Friwon method and the Defendant received a summary order of KRW 3.5 million for the same crime in the same court on September 15, 2011.

On September 4, 2017, the Defendant was under the influence of alcohol at around 09:10 and around 0.244% during blood. The Defendant driven B Poter in the section of approximately 5km from around the trade name in the front of the cafeteria located in the members of Ansan-si to the 53-ro Dong-dong, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating the driving of drinking alcohol and the drinking driver's Stick;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same force to the suspect) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that there is a previous conviction in the judgment of the defendant, the fact that the accident occurred due to the driving of the instant drinking, and the degree of alcohol concentration during blood) or higher;

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