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(영문) 수원지방법원 안산지원 2018.09.05 2018고단2499
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant (B) was sentenced to a suspended sentence of 8 months on June 21, 2013 for violation of the Road Traffic Act (recognition refusal), etc. on the support of the Suwon Friwon method, and was sentenced to a suspended sentence of 2 months on November 16, 2005 for the same crime in the same court, and was sentenced to a suspended sentence of 2 months on June, 2005, and issued a summary order of 3 million won for the same crime in the same court on August 9, 202.

On May 26, 2018, the Defendant driven a C groundcom car at approximately 10 meters away from May 26, 2018, to the front and front roads of the 10m-ro 46th of the same Gu, the alcohol concentration of which is 0.202%, while under the influence of alcohol level, from May 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol concentration in the blood;

1. Previous convictions indicated in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the confirmation that the suspect has four times the same criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 on the grounds that protection and observation, community service order and order to attend lecture under Article 62-2 of the Criminal Act (the defendant has a previous conviction in the same criminal records, and the defendant is judged to have a strong habit of drinking driving in light of his previous convictions and the circumstances of his/her driving under the influence of alcohol, and considering the degree of alcohol concentration during blood and the driving distance of drinking alcohol, etc.

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