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(영문) 수원지방법원 안산지원 2017.03.31 2017고단214

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 March 31, 201, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) in the support for the development of the source method of water source, and was sentenced to a suspended sentence of KRW 2.5 million on September 28, 2012 by imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) in the support for the development of the source method of water source.

On January 6, 2017, the Defendant driven a Mari vehicle in the state of alcohol concentration of approximately 0.059% in blood alcohol level from a section of about 500 meters to the road in front of the same Gu as the Han River located in the Han River located in Ansan-gu, Ansan-si, Ansan-si to the Han River located in the same Gu (Sadong and Gonam Village 1 apartment complex).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of a summary order, and one copy of a judgment;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Although the criminal records of the same kind of crime for the reason of sentencing under Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act on the observation of protection and observation, the punishment is determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, circumstance of the crime, and circumstances after the crime.