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(영문) 수원지방법원 안산지원 2018.08.08 2018고단1898

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

[criminal history] On June 21, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Seosan Branch of the Daejeon District Court, and on April 1, 2015, the summary order of KRW 3 million for the same crime was issued as a fine in accordance with the same provision.

[Criminal facts] On May 5, 2018, at around 03:45, the Defendant driven B rocketing car in the state of alcohol concentration of about 0.131% in the 3km section from the main underground parking lot located in the Gu of Ansan-si to the 296th road in Ansan-si, Ansan-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history and application of three copies of summary order 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. 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 driving of a vehicle while driving the vehicle with the degree of locking; the normal situation that leads to three times the same electric power; the confession and reflectability; the fact that there is no previous conviction exceeding a fine;