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(영문) 수원지방법원 안산지원 2017.09.07 2017고단2095
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 sentenced to a fine of KRW 2.5 million for a crime of violation of road traffic law at the Busan District Court's Busan Branch on December 13, 2006, and a fine of KRW 1.5 million for a crime of the same crime in the support of Suwon Friwon on August 19, 2008.

[2] On June 3, 2017, the Defendant driven a Bknife vehicle with 80km from the front road of the "experience-gun Rental Village" 250-21, which is the floor of Pyeongtaek-gun Rental Park in Gangwon-do, in the state of alcohol level of 0.191% during blood transfusion around June 3, 2017, to the front road of the 2 Young-dong Highway Gwangju-dong Highway in the city of the original city of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (the application of the above dmark formula);

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

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment (unfavorable circumstances, such as the fact that the blood alcohol concentration at the time of the instant crime reaches 0.191%, and that the Defendant has been punished twice for the same kind of crime, 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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