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(영문) 수원지방법원 안산지원 2018.05.30 2018고단1373
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 17, 2012, the Defendant was sentenced to a fine of three million won or more as a crime of violating road traffic law (drinking driving) in the support for the development of the source method of water source, and on October 10, 2013, the Defendant was sentenced to imprisonment of eight months or a suspended sentence of two years as a crime of violating road traffic law (drinking driving) in the support for the development of the source method of water source.

On April 10, 2018, the Defendant: (a) around 23:32, the around 10th day from the head of the Sinsi-dong funeral hall at Sinsi-si to the front day of the 106-year apartment complex; (b) was under the influence of alcohol content 0.167% in blood, and driven a car.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

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

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 not less than Article 62(1) of the Criminal Act (i.e., the previous conviction of the accused, the degree of alcohol concentration during blood transfusion, the developments leading to driving alcohol, and distance from alcohol, etc.).

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