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(영문) 수원지방법원 안양지원 2017.11.14 2017고단1414
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 26, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on August 14, 2013, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On July 30, 2017, the Defendant driven a DNA car with a alcohol content of about 0.196% in blood at the section of about 223 meters from the 119 head office in front of the 119 head office to the 115-side roads of the Dong-dong Hyundai Home, the same day from around 22:43 on the same day to the 22:43 day from the day before the same day, and from around 22:43 at the same time, the Defendant driven a DNA car with a alcohol content of about 0.196% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (blood collection results);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - The defendant's mistake is recognized - unfavorable circumstances: The fact that there exists a record of punishment for the same kind of crime like the previous record in the ruling, and that alcohol concentration

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