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(영문) 수원지방법원 안산지원 2018.10.31 2018고단3059
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2008, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) in the support for the safe flow of water sources, and on June 8, 2012, as a fine of KRW 5,00,00 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the support for the safe flow of water sources.

On August 12, 2018, the Defendant driven a vehicle B K5 vehicle under the influence of alcohol level of 0.122% while driving the vehicle at approximately 20km from around 33 meters to the lower parking lot located at the 55 central officetel center in Ansan-si, the members of Ansan-si, the Hasan-si, Seoul-ro, the lower court located on the 33th road, on August 12, 2018, when the Defendant was under the influence of alcohol level of 0.12% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds of not less than the fact that the defendant has a previous conviction in the same kind as the judgment of the court, the degree of alcohol content during blood transfusion, the driving of an acting driver, etc., such as drinking, and the background and distance of drinking, etc.

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