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(영문) 수원지방법원 안산지원 2017.11.10 2017고단2541
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

On July 15, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and on May 23, 2016, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-do branch on May 23, 2016.

On July 24, 2017, around 23:02, the Defendant driven a B SP car in the state of alcohol alcohol concentration of 0.173% at approximately 100 meters from the upper 1189-2, Sinri-si, Sinri-si, Sinri-si, to the upper 26-1, Sinri-si, Sinri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the history of measuring the drinking alcohol and investigation report (report on the situation of the driver in charge);

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 summary order to the same type of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning the facts constituting an offense, such as the selection of imprisonment, the records of the same kind of punishment, the circumstances leading to the driving of alcohol, the degree of alcohol concentration in the blood, and the circumstances after the driving of alcohol, etc.;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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