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(영문) 수원지방법원 안양지원 2018.11.23 2018고단1500
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On May 6, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) on February 18, 2014.

[2] On August 18, 2018, the Defendant driven BM5 car under the influence of alcohol with approximately 0.076% alcohol concentration from approximately 2km to the front road of around 22:25 on the road of the 30-gil-ro 30-gil-ro, Nowon-gu, Seoul Special Metropolitan City on August 18, 2018 to around 22:25 on the same day.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes governing the same kind of force;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (2) 1 of the Act on the Punishment, etc. of Drinking Water) (Article 62 (2) 1

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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