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(영문) 수원지방법원 안양지원 2018.11.02 2018고단1438
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

[criminal history] The Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the support for the development of the Sugwon method, on December 24, 2010. On May 16, 2011, the Defendant was issued a summary order of KRW 4 million for the same crime, etc.

[Criminal facts] On July 31, 2018, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.128% in a section of about 300 meters, from the 271-44-on-road Yanyang-gu Manan-gu, Annyang-gu, Annyang-si, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, an

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to two summary orders issued against a suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 stay of execution (the execution of imprisonment shall be postponed for a period of two years, taking into consideration favorable circumstances, such as the fact that the person has been punished by a fine three-time due to driving of alcohol and the blood alcohol concentration is high, but there is no longer any criminal record exceeding the fine, the driving distance is short, etc.);

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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