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(영문) 수원지방법원 안산지원 2018.03.07 2018고단97
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2015, the Defendant received a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on January 26, 2015, a fine of KRW 3 million as a same crime in the same court on March 17, 2015, and a summary order, respectively.

On December 20, 2017, around 00:38, the Defendant driven the alcohol content of the blood while under the influence of 0.112% 0.2% of alcohol content in the 15th century from the street from the street of the 733-2th century to the 5th apartment of the Silung-si, Silung-si to Silung-si welfare.

Summary of Evidence

1. Statement by the defendant in court;

1. An output paper;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant has a previous conviction and fine three times for the same offense, the amount of alcohol concentration during blood transfusion, the circumstances of drinking driving, and distance, etc.);

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