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(영문) 수원지방법원 안양지원 2014.05.29 2014고단450

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

As of September 29, 2009, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Jeonju District Court's regular support on September 29, 2009, and on June 30, 2010, issued a summary order of KRW 500,000 as a fine for the same crime in the same court.

On February 23, 2014, at around 21:50, the Defendant driven C Launa car around the C amysta car, while under the influence of alcohol by 0.183% of blood alcohol concentration, at the Kanpo-si Apartment apartment parking lot located in the Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes (report attached to the previous records and summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant’s crime of this case with the reason of sentencing Article 62-2 of the Criminal Act is that the Defendant, who had driven at least twice, once, once a high drinking level, once again drives under the influence of alcohol, and the nature of the crime is not less than that of the offense. Therefore,

However, it shall be considered that the defendant has no criminal record of probation or heavier, the defendant's records of drinking driving are relatively recent, and the defendant has led to the confession of the crime, etc. in favorable circumstances.

In addition, based on the sentencing precedents of the same case as the case of the prosecutor's old type of punishment (one year and six months of imprisonment), comprehensively taking account of various circumstances, such as the defendant's age, character and conduct, the environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and records, the execution of the sentence is suspended as stated in the order, and the order to attend the course (the community service order is excluded from the defendant's disease record) is attached to the order