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(영문) 수원지방법원 안산지원 2017.03.09 2017고단417
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 June 3, 2008, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic laws (drinking driving) at the Seoul Eastern District Court on June 3, 2008, and on March 16, 2012, issued a summary order of KRW 5 million for a violation of road traffic laws (drinking driving) at the Seoul Eastern District Court.

On November 3, 2016, around 00:49, the Defendant driven a BM7 car under the influence of alcohol leveling to 0.086% in a section of about 30km from the vicinity of the cheon-dong, Gangdong-gu, Seoul, to the point of about 17.5km in Ansan-gu, Seog-gu, Incheon-dong Highway 8, Ansan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Whether the measurement of drinking alcohol is conducted;

1. Previous convictions: Application of respective Acts and subordinate statutes of replys to inquiries, such as criminal history, investigation reports (Attachment of previous rulings, etc. attached thereto), and copies of written judgments and summary orders attached thereto;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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