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(영문) 수원지방법원 안산지원 2018.11.08 2018고단2916
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 3, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on March 4, 2016, the Incheon District Court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving).

Although the Defendant had been punished for drinking driving two or more times, on June 7, 2018, the Defendant driven C Hasta car under the influence of alcohol content of approximately 0.140% from the 2km section of the blood alcohol level from the 4-dong Dong office in Sinung-si, Sinung-si to the 4-dong office in Sinung-si, Sinung-si, Sinung-si to the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A paper of measurement of drinking alcohol;

1. Criminal records indicated in the judgment: A reply to inquiry, investigation report (the previous confirmation thereof) and application of each of the summary order statutes 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 stay of execution (Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of crime other than the records of punishment for driving under drinking, and that he shows an attitude

1. An order to attend a course under Article 62-2 of the Criminal Act;

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