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(영문) 수원지방법원 안산지원 2017.07.07 2017고단1272
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

On March 17, 2011, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 17, 201, and was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on December 23, 2013.

On April 29, 2017, while under the influence of alcohol content 0.207% among blood transfusions, the Defendant driven a B SP car at a section of approximately 100 to 200 meters from the 11st day of the same hour from the front of the Veterans Center at the time of light life to the 11st day of the same city street from the front of the Veterans Center at the time of light life.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (including cases of causing an accident in which the defendant's selection of imprisonment, the amount of drinking alcohol, the amount of alcohol concentration in the blood, and the amount of alcohol congestion in the vehicle parked by driving under drinking, etc.) of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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