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(영문) 수원지방법원 안산지원 2019.05.02 2019고단305

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 14, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on July 14, 2006, and on May 29, 2008, the same court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had the record of the violation of drinking alcohol driving more than twice, on October 19, 2018, the Defendant driven a B-B car under the influence of alcohol concentration of approximately 0.064% from the 2km section of approximately 2km to the entrance distance of the entrance, from the front side of the restaurant located in Sindo-dong, Sinsi-dong, Sinsi-do to the cafeteria 2k-si Corporation 2nd to Sinsi-si 3rd.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the same kind of power);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances, such as the reflectivity and the fact that there is no excess amount of fine);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;