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(영문) 수원지방법원 안산지원 2017.06.28 2017고단1276
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Traffic Act on February 13, 2008 in the Suwon District Court’s Ansan Branch, and was sentenced to a summary order of KRW 1 million for the same crime on June 30, 2009, and was sentenced to a summary order of KRW 7 million for the same crime on May 14, 2013, and was sentenced to a summary order of KRW 7 million for the same crime on May 14, 2015.

On May 2, 2017, the Defendant driven a D-ro-car with alcohol concentration of about 300 meters from the insular area of the members of Ansan-si around 22:44 to the 781st road of the members of Ansan-si. The Defendant driven a D-do-ro-car under the influence of alcohol concentration of about 0.129%, while driving the D-do-ro-car.

As a result, the Defendant again driven a car while under the influence of alcohol as a person who violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (or selection of imprisonment and driving of alcohol);

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. It shall be ruled as ordered on the grounds of protection observation, community service order, and order to attend lecture under Article 62-2 of the Criminal Act (including the fact that the accused has a previous conviction, and the degree of alcohol concentration during blood transfusion, etc.) or more;

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