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(영문) 수원지방법원 안양지원 2018.04.10 2017고단2239
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 history] On June 1, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the support for the development of a water source method, and a summary order of KRW 3 million as a fine for a violation of road traffic law in the support for the development of a water source method, etc. on December 12, 2014.

[2] Although the Defendant had been able to violate the provision prohibiting driving of alcohol twice or more, the Defendant driven a B food car at around 05:05 on September 16, 2017, while under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.135% at the distance of 200 meters from the Cheongyang-dong, Seoul Special Metropolitan City to the front of the Lina Hospital located in 12-gil 11, the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - The fact that an order to attend a lecture reflects errors; unfavorable circumstances: The fact that a person has been punished for the same kind of crime as the previous conviction stated in the judgment;

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