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(영문) 수원지방법원 안산지원 2018.04.05 2018고단228
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

[criminal record] On April 28, 2008, the defendant was sentenced to a summary order of 1.5 million won for a violation of road traffic law (drinking), etc. on the part of public order branch of the Daejeon District Court. On August 22, 2008, the defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law (drinking). On August 17, 2009, the defendant was sentenced to a summary order of 3 million won for a violation of road traffic law (drinking) in the public order branch of the Daejeon District Court.

[Criminal facts] On December 16, 2017, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.122% alcohol concentration 0.122% from approximately 100 meters to the front road of convenience store 26 GS25, from the influence of the members of Ansan-si, Seoul Special Metropolitan City to the influence of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reporting (the automatic force of the person under investigation);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the same kind of power);

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 is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;

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