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(영문) 수원지방법원 안산지원 2018.10.10 2018고단2701

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

【The Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon on February 27, 2008, and a summary order of KRW 2 million as a fine for the same crime in the same court on April 14, 2017.

【Inasmuch as the Defendant had been punished twice or more for drinking driving, the Defendant driven B, under the influence of alcohol concentration of about 0.095% from the 30m section of the blood alcohol level on May 21, 2018, at around 23:46, from the underground parking lot of a cafeteriaed building in the new city, which was located in the new city, to the same Seoul University, from around 278, to around 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of the history of punishment for drinking at least twice) Acts and subordinate statutes;

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 suspended execution;

1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by comprehensively taking into account the following normal relation:

- Unfavorable circumstances: The fact that repeated crimes of the same kind are repeated in a short period; the confession and reflect; the fact that the driver has made clear his/her intention to repent by disposing of the driver's vehicle; and there is no criminal record exceeding the fine.