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(영문) 수원지방법원 안양지원 2018.07.11 2017고단2441

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 history] On October 24, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 12, 2015, the court received a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving).

[2] On November 7, 2017, from around 03:15 to 03:30, the Defendant, while under the influence of alcohol content of 0.130% in blood during the military, driven a Bcoon car over about 5 km from the Do near the military base in the Sinpo-si, Sinpo-si, Sinpo-si, while he was aware of it from the Do near the military base in the Sinpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction of each disposition, reporting on the results thereof, and applying statutes of the relevant summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The surveillance and observation of protection and the order of community service and the order of education under Article 62-2 of the Criminal Act are due to - Unfavorable circumstances: The fact that the previous convictions of the same kind of fine, including the previous convictions stated in the first head of the judgment, and the previous convictions of the same fine, despite the names of three times; the defendant's mistakes are recognized; the fact that the defendant has no previous convictions exceeding the fine; other circumstances