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(영문) 수원지방법원 안산지원 2018.02.21 2017고단3575
도로교통법위반(음주운전)
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

[criminal history] On May 31, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on September 11, 2015, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court.

[Criminal facts] On November 6, 2017, the Defendant operated a motor bicycle under the influence of alcohol of 0.068% in a section of approximately 400 meters from the 450-17-4 of the same Sungpodong-dong 400 meters from the upper end of the same year to the upper end of the same 585-4.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

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 Criminal Act on the suspension of execution (see, e.g., the confession and reflect of the defendant, the amount of drinking is low, and there is no criminal record exceeding the fine);

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

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