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(영문) 수원지방법원 안산지원 2018.08.30 2018고단1889
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

[2] On August 17, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Ansan-si Branch Support of Suwon-si, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) on November 25, 2010. On April 18, 201, the Defendant received a summary order of KRW 6 million for a violation of the Road Traffic Act (drinking driving) from the Seosan Support of the Seosan-si Branch Support of the Daejeon District Court on November 25, 2010.

[2] On May 17, 2018, at around 11:50, the Defendant driven a Brocketing car with approximately 2km alcohol concentration of about 0.126% from a public parking lot located in the 1070-6, Dong-dong, Dong-dong, Dong-dong, Gyeonggi-do, to the front road of the rake 6-23, Ansan-si, Ansan-si, Ansan-si, Gyeonggi-do.

Accordingly, the Defendant, as a person who violated the foregoing prohibition on drinking more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the choice of imprisonment, in consideration of the same kind of power);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances, such as reflective points, etc.) of the mitigated amount;

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

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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