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(영문) 수원지방법원 안산지원 2018.11.15 2018고단2698
도로교통법위반(음주운전)등
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

On April 18, 2018, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution on April 26, 2018 for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on April 26, 2018.

On July 9, 2009, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act (driving alcohol) at the Suwon Friwon method, and on December 21, 2016, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions by having been sentenced to a fine of 4 million won for the same crime at the same court on December 21, 2016. On March 14, 2018, the Defendant driven a brea car under the influence of alcohol concentration of 0.255% while under the influence of alcohol level without a vehicle driver’s license from the 3rd degree of the members of Ansan-si, Ansan-si, Seoul Special Metropolitan City on March 14, 2018 to the 138 neighboring road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who takes the drinking and record of the measurement of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation (verification of criminal records of the suspect, etc.), and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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