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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2496
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

【Criminal Force of Crimes】 On September 10, 2010, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking in drinking), in the support of the Sugwon method, and on November 1, 2013, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking in drinking) at the Jung-gu District Court.

【Criminal Fact-finding on May 28, 2018, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.126% from the 200 meters section of the blood alcohol level to the front road of the lake Park in Ansan-si, a member of the Suwon-si District Court in the vicinity of the Suwon District Court 75 members of Ansan-si, to the 70th day of the shooting distance in the Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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 for Reduction of Small Quantity [Article 53 and 55(1)3 of the Act on Reduction of Minimum Quantity [Article 55(1)3 of the same Act provides that although the defendant committed the instant crime even though he/she had been punished on three occasions due to a violation of traffic laws (driving) and one time due to a violation of traffic laws (unlicensed driving) on roads, he/she committed the instant crime; however, he/she is led to confession and reflect by the defendant; and

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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