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(영문) 수원지방법원 안산지원 2018.08.22 2018고단1993
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 1, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the support for the safe flow of water sources, and on October 1, 2013, the Defendant issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the support for the safe flow of water sources.

On March 31, 2018, at a place where it is impossible to find out whether the part of the Gu line of the members of Ansan-si, the Defendant driven a Bunst cargo vehicle under the influence of alcohol with approximately 0.058% alcohol concentration from approximately 4km to the front road of the terminal shooting distance located in the 612-gu, Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of 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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da144

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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