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(영문) 수원지방법원 안산지원 2018.04.25 2018고단563

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

[criminal history] On January 22, 2009, the Defendant was sentenced to a fine of one million won for a violation of road traffic law at the Suwon Flag Flag on January 22, 2009. On April 9, 2014, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking) in the support of the Suwon Flag Flag, and was sentenced to a fine of five million won.

[2] On October 28, 2017, Defendant 1, who violated the provision prohibiting driving under the influence of alcohol twice or more, was driving B automobiles under the influence of alcohol with approximately KRW 0.141% alcohol level from the 15km section of the 15km-ro, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Gosi-ro, 12:12:0 on October 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, 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. 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, such as the defendant's age, sex, family relation, etc., shall be considered and determined as ordered in light of the following normal relation:

- Unfavorable circumstances: The fact that he/she drives a vehicle under the influence of alcohol again while taking advantage of the same kind of power and caused the contact accident: The confession and reflect of the crime, and the fact that there is no previous conviction exceeding the fine;