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(영문) 수원지방법원 안산지원 2018.11.15 2018고단3152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 27, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving) at the support of Suwon Friwon Griwon, which was a fine of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving), and on January 16, 2009, on two occasions, on which Article 44(1) of the Road Traffic Act was issued, but on June 20, 2018, the Defendant operated BM vehicles under the influence of alcohol concentration of KRW 0.085% in blood from around 300 meters to the front of the Sirigri-dong, Siriri-dong, the residents’ complex located in Siri-si, Siri-si, Seoul Special Metropolitan City, to the front of the Siri-si Park at around 50 meters in alcohol level from around the 300-meter road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving and an investigation report at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as the suspect) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures and driving again without being aware of having been punished several times due to drinking and driving without a license is to be deemed not to violate the wrongness.

However, in consideration of the fact that the defendant is led to confession and has no record of being sentenced to more than the suspension of execution, the last opportunity shall be given.

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