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(영문) 수원지방법원 안산지원 2017.05.11 2017고단760
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to a fine of one million won on March 25, 2009 to a violation of the Road Traffic Act (drinking driving) in the Busan District Court's Branch Branch on March 25, 2009, and a fine of two million won on February 4, 2010 to a violation of the Road Traffic Act (drinking driving) by the Incheon District Court.

On March 1, 2017, the Defendant, around 00:15, operated a B Poteme car with approximately 550m alcohol concentration of 0.145% in alcohol while under the influence of alcohol at the front corner of the old new road located in the Gu new road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the record of drinking testing and the result of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (it shall be considered disadvantageous to the defendant, such as the fact that the defendant has been punished for a crime of violating the Road Traffic Act or a crime of violating the Road Traffic Act on several occasions, and that he/she has a record of being sentenced to punishment for a crime of violating the Road Traffic Act).

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal history exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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