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(영문) 수원지방법원 안산지원 2018.04.06 2018고단443
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 August 10, 2010, the Defendant received a summary order of a fine of two million won as a crime of violating the Road Traffic Act at the Incheon District Court on August 10, 201, and on August 27, 2012, the same court received a summary order of two million won as a fine for the same crime, and has violated Article 44(1) of the Road Traffic Act at least twice.

On December 16, 2017, the Defendant driven BM car at a section of approximately 500 meters from the adjacent area to the front distance of the house of about 2141, from the Sinsi-dong Hospital at Sinsi-si, Sinsi-si to the same 0.097% alcohol content among blood transfusion around 07:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking drivers and statement in the circumstances of drinking drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type 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, and Articles 148-2 (1) (Consideration of imprisonment, the choice of punishment, the same kind of power, the situation at the time of detection, etc.);

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 stay of execution (including the fact that there is no history of punishment exceeding a fine, and that the detention of the accused is likely to entail excessive difficulty to surrounding family members);

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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