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(영문) 수원지방법원 안산지원 2017.06.28 2017고단1296
도로교통법위반(음주운전)등
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 22, 2017, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the support of the Sugwon method, and on November 4, 2009, the Defendant was notified of a summary order of KRW 2 million for the same crime from Gangwon Branch Branch of the Chuncheon District Court on November 4, 2009, and the same type of crime was more than four times.

On April 22, 2017, around 04:04, the Defendant driven a B rocketing car with approximately 6km alcohol content of about 0.172% while under the influence of alcohol in blood without obtaining a driver’s license, in the vicinity of the sports park located in the 50-ro prior to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry about the results of regulating drinking driving, and whether drinking is output;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes of inquiry letter, such as criminal history, and investigation report (report, such as attachment of a copy of a summary order);

1. Article 148-2 (1) 1, Article 44 (1) (Selection of Imprisonment), Article 152 (1) and Article 43 (Selection of Punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 under Article 62-2 of the Criminal Act on the grounds that the order to provide community service or attend lectures is above (the fact that the accused has a previous record, is sentenced to a fine due to drinking driving and the crime of this case was committed after one month, and the degree of alcohol concentration during blood, etc. is considered).

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