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(영문) 수원지방법원 안산지원 2018.09.27 2018고단2536
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 May 15, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on January 21, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

[Criminal facts] On June 27, 2018, the Defendant driven BMW car at approximately 0.076% alcohol level from the 1km section of the blood alcohol level to the shooting distance in the members of Ansan-si, members of Ansan-si, Nowon-si, Seoul-si, Seoul-si.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the previous records thereof);

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;

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