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(영문) 수원지방법원 안산지원 2018.10.18 2018고단2673
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 14, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 12, 2016, Article 44(1) of the Road Traffic Act at the Seoul Southern District Court issued a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving), on at least two occasions, but on July 25, 2018, the Defendant was driving a vehicle under the influence of alcohol concentration of KRW 0.106% for the same period from around 50 meters to 2:50 meters prior to Ansan-si, Ansan-si, Ansan-si at around July 23:14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and driving distance relatively short);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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