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(영문) 수원지방법원 안산지원 2016.08.09 2016고단1105

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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] The defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 700,000 to a violation of the Road Traffic Act (drinking driving) in the support of the Sugwon method, on November 21, 2008 to a fine of KRW 2.5 million to a violation of the Road Traffic Act (drinking driving), on September 21, 201, to a fine of KRW 2.5 million to a violation of the Road Traffic Act (drinking driving) from the Sugwon method at the Incheon District Court on August 21, 201, and on August 21, 201, to a fine of KRW 2.5 million to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 21, 2013, and the above suspended sentence was finalized on August 29, 2013.

[Criminal facts] On April 12, 2016, the Defendant driven a car at approximately 2 km from the 4-lane to the 2km road in front of the Singue Tourist Hospital located in Singue-dong, Singu, Singu, Singu, Sinsi-gu, with alcohol level of 0.052% in alcohol level around 00:44, the Defendant driven a car at around 10 meters in the 2km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc.), investigation report (verification of final date), and Acts and subordinate statutes;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing recorded in the records, such as the defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, shall be determined by comprehensively taking into account the following circumstances.

Contrary to the fact that blood alcohol concentration is low, there are many criminal records of the same kind;