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(영문) 수원지방법원 안산지원 2017.12.06 2017고단2609

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking driving) in the support for the childbirth of the Sugwon method, and on March 6, 2012, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime in the Seogsan Branch of the Daejeon District Court.

On September 6, 2017, the Defendant, who had at least twice the history of violating the Road Traffic Act (drinking driving), driven a B-learning car under the influence of alcohol concentration of about 0.110% from a 300-meter section of blood alcohol level to the front day of the sending month, which was located in approximately 932, i.e., a luminous commercial area near the iron-dong commercial area at around 23:28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, even though the defendant had been sentenced to a fine on two occasions due to drinking, again commits the crime of drinking alcohol in this case, and the degree of alcohol concentration in blood is 0.110%, while the defendant is seriously against the defendant, there is no criminal conviction in the same kind of fine exceeding the fine, and the defendant's age, sex, sex, environment, motive or circumstance of the crime, circumstances after the crime, etc. are considered and all the sentencing conditions in this case shall be determined as ordered.