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(영문) 수원지방법원 안산지원 2017.11.02 2017고단2517
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 was issued a summary order of KRW 1.5 million on December 29, 2009 to a fine of KRW 1.5 million on July 9, 2014 as a crime of violation of the Road Traffic Act (driving of Drinking), a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the same court on July 9, 2014) and a crime of violation of the Road Traffic Act (driving of Drinking).

[Criminal facts] On August 31, 2017, around 23:53, the Defendant driven a B observer car with approximately KRW 500 meters alcohol level from the section of approximately 0.142% of blood alcohol level from around 23:53 to the front road of the Kido-dong Seoul Special Metropolitan City Water Resources Corporation in order to ensure that the Defendant driven a B observer car under the influence of alcohol level of around 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of suspect's drinking record);

1. Relevant legal provisions of the Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (any unfavorable circumstance, such as the fact that the defendant has been punished for the same kind of crime several times, etc.);

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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