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(영문) 수원지방법원 안산지원 2018.08.17 2018고단2034
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 17, 2007, the Defendant was sentenced to a fine of KRW 500,00 to a fine of KRW 500,000 for a violation of the Road Traffic Act (drinking) in the support for the development of a water source method, and a fine of KRW 1 million for the same crime in the same court on July 13, 2007, respectively.

On April 12, 2018, the Defendant, while under the influence of alcohol at around 23:00, driven a B rocketing car with the volume of 40 meters from around the 5 luminous police station to the 5 luminous police station at the same time, in the same time as the name of the railway station in light of 0.114% during the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 ( Taking into account the choice of imprisonment, the same kind of power, the concentration of alcohol in the blood, etc.);

1. Reduction of quantity prescribed in Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine) is above the same Article;

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