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(영문) 수원지방법원 안산지원 2017.12.07 2017고단2892
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] On January 29, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on January 6, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag Flag, which was sentenced to a fine of KRW 1 million.

In addition, on October 12, 2017, the defendant was sentenced to imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) at the Suwon Flag Flag Flag on October 12, 201, and the judgment was finalized on October 20, 2017.

[Criminal facts] On September 11, 2017, the Defendant driven Bcoin towing vehicles under the influence of alcohol leveling 0.092% in the blood alcohol level at approximately 1 kilometer from the 13rd day to the 184 middle school distance from the 184 middle school near the hospital located in the part of the Gu of Ansan-si, a member of the Gu of Ansan-si on September 23:15.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry and recording of the results of regulating driving of drinking alcohol, statement report on the circumstances of the driver of drinking alcohol and investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, Articles 148-2(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (as stated in the judgment, there are records that the defendant was punished for a crime of violating the Road Traffic Act twice as stated in the judgment, and considering unfavorable circumstances, such as the fact that the defendant committed the instant crime while being tried for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the judgment of the defendant)

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity [the Defendant recognized his mistake and against himself, and the blood alcohol concentration does not reach 0.1% at the time of the instant crime, and the instant crime becomes final and conclusive.

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