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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1934

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 May 4, 2007, the Defendant was issued a summary order of KRW 700,000,000 by a fine for a violation of the Road Traffic Act (drinking driving), and on March 11, 2015, by the same court on March 11, 2015, for a violation of the Road Traffic Act (drinking driving), respectively.

Nevertheless, on April 13, 2018, the Defendant driven DM5 vehicles under the influence of alcohol content of 0.081% from the 17km section of approximately 17 km away from the Do near Busan-si, Ansan-si to the road near the 2020-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a report on the situation of the driver who takes charge);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

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 considering the following normal relation with the reasons for sentencing.

- Unfavorable circumstances: The circumstances that have been paid due to contact during driving and favorable conditions: The confession and reflect, the fact that drinking is not high, the fact that the accident is minor, and the intention of the opening is clearly shown while disposing of the driver's vehicle.