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(영문) 수원지방법원 안산지원 2018.05.16 2018고단1051
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 201, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the support for the development of a water source method, and on November 12, 201, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime in the same court.

Nevertheless, on March 1, 2018, around 09:35, the Defendant driven a B liquid e-sports car with approximately 500 meters alcohol concentration from the section of 500 meters, while under the influence of alcohol level of about 0.062% in front of the rest area of the rest area, from the front of the rest area of the rest area, located in the 50-ro, 1423, south-dong, YY-dong, Busan, Scene 1423, Nam-dong, Seoul, to the front of the rest area.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous records of judgment: Inquiry into criminal records, report on investigation (verification of the same kind of records), and application of each of the statutes governing the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Act on Suspension of Execution (see, e.g., the confession and reflect of a crime by a defendant, the circumstances leading to the crime that led to the crime by driving while driving in a state where the preceding marina is not completely broken, and the drinking volume is low, and there are no criminal records exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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