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(영문) 수원지방법원 안양지원 2017.09.26 2017고단998

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of road traffic law at the Seoul Eastern District Court on June 22, 2007, and was sentenced to a suspended sentence of KRW 10 million for the same crime on August 13, 2008 at the Seoul Central District Court, and was sentenced to a suspended sentence of KRW 3 million for the same crime at the same court on May 20, 201, and was sentenced to a summary order of KRW 3 million for the same crime at the same court on May 20, 201, and was sentenced to a suspended sentence of six months for the same crime on October 11, 201.

[2] On June 5, 2017, the Defendant: (a) driven a B food car owned by the (ju) Triex, under the influence of alcohol concentration of 0.161% during blood, in the direction of about 500 meters from the day before the alcohol house in which it is impossible to find out the trade name near the main base of the Suyang-dong, Soyang-dong, the Sinyang-si, the Sinyang-si, at the direction of about 500 meters from the day before the alcohol house in which it is difficult to find out the trade name near the main base of the Gunyang-dong, the Gunyang-dong, to the front of the 537

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection observation, community service order and order to attend lectures - The defendant's mistake is recognized; the defendant's unfavorable circumstances: The fact that there are many records of punishment for the same kind of crime like the defendant's previous record in his/her judgment, and the concentration of alcohol in blood is relatively high;