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(영문) 수원지방법원 안산지원 2016.12.08 2016고단3697

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 10, 201, and on February 6, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Ansan District Court on February 6, 2009 and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on more than two occasions.

On September 10, 2016, the Defendant driven approximately 10km in front of the Silung-dong Haak-gu Paridong Paridong Paridong Paridong Parilla, in the state of under the influence of alcohol of 0.178% 0.178% of blood alcohol level, at the time of the movement of the wife population, the Defendant driven approximately 10km in front of the Silung-dong Paridong Parilla.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (report attached to judgments, etc. on driving skills);

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (any other unfavorable circumstances such as the fact that the defendant has been punished for the same kind of crime several times, and that the blood alcohol concentration at the time of the instant crime reaches 0.178%)

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [The circumstances favorable to the defendant, including the fact that the defendant recognized his mistake and reflects his mistake, and that the defendant was punished for the violation of the Road Traffic Act before the crime of this case, etc., and that six years have passed since the last day of the crime of violation of the Road Traffic Act to the crime of this case]

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;