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(영문) 수원지방법원 안양지원 2017.09.14 2017고단1068
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

[criminal history] On July 4, 2006, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking) in the support for the development of a water source method, and a fine of KRW 3,00,000 as a crime of violating the Road Traffic Act (drinking) in the support for the development of a water source method.

[Criminal facts] On June 15, 2017, the Defendant driven a B Kan-Paf car under the influence of alcohol concentration of about 0.244% from the 3km section to the same art park from the 150-lane 245-h to the 101 CU convenience store.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though he/she had been punished not less than twice as a crime of violating the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of driving skills);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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