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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2283

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

On November 14, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law from the Suwon Flag Flag Flag, and on February 21, 2013, issued a summary order of KRW 5,00,000 as a fine for the same crime.

On August 17, 2017, the Defendant driven BKan-kin car under the influence of alcohol with approximately 0.154% alcohol concentration at a section of about 5km from the front of the king Station located in Sinsi-dong, Singu, Sinri-si to the front road located in Singu-si, Sinri-si, the lower court, at around 05:45.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;

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 reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and the order to attend a lecture is that the defendant had the same history of two times, but again drives drinking, and the risk of an accident was significantly high in light of the situation and drinking level at the time of detection.

However, the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, family relationship, etc. shall be determined in consideration of the facts that the defendant confessions and reflects the defendant, and the facts that the defendant has no criminal records exceeding the fine, and the punishment shall be determined as ordered.