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(영문) 수원지방법원 안산지원 2017.09.21 2017고단2158
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] The defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act in the support of the Suwon Frigwon on August 28, 2008, and on November 13, 2009, the defendant was sentenced to a fine of KRW 3 million for the same crime in the same court on November 13, 2009 and has violated Article 44(1) of the Road Traffic Act on more than two occasions.

[2] On April 29, 2017, around 23:08, the Defendant driven three cargo vehicles with alcohol concentration of approximately 0.188% in the 1km section from the old art university to the old art university of about 119m from around 14 5-gil to the old art university in Ansan-si, Gyeonggi-do.

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 crackdown on drinking alcohol;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to relevant judgments);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (or choice of imprisonment, in consideration of the fact that there are many criminal records of the same kind of crime) concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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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