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(영문) 수원지방법원 안산지원 2017.01.18 2016고단4482

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 April 18, 2012, the Defendant was issued a summary order of KRW 5 million on the grounds of a violation of road traffic law (driving in drinking), etc. in the support for the development of a water source method, and KRW 5 million on August 29, 2014 on the support for the development of a water source method, and KRW 5 million on the grounds of a violation of road traffic law (driving in drinking), respectively.

On December 4, 2016, the Defendant driven B K7 cars under the influence of alcohol content of approximately 0.132% from a 300-meter section of blood alcohol content on the roads in front of the funeral hall in the Sinju-dong in the Sinju-dong in the Sinju-dong in the Sinju-dong in the Dong of the Ytju-dong in the same city to the Ytju-dong in the Ytju-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. An output of the measuring device for drinking;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of 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 Defendant’s age, sexual behavior, environment, background of the instant crime, circumstances after the instant crime, etc., that reflects the reason for sentencing under Article 62-2 of the Criminal Act, and that the amount of alcohol content is not low in blood;