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(영문) 수원지방법원 안산지원 2018.09.17 2018고단2426

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 April 3, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law in the Incheon District Court's Busan District Court's Branch, and a summary order of KRW 6 million for a crime of violating road traffic law in the child care center on January 28, 2011, respectively. On December 16, 201, the Defendant was sentenced to a suspended sentence of six months for a period of six months for a crime of violating road traffic law (drinking under drinking), in the child care center in the child care center in the river care center.

[2] Although the Defendant had the record of the violation of drinking alcohol driving on at least two occasions, the Defendant 1 driven B Co., Ltd. on May 27, 2018 at around 19:00, while under the influence of alcohol level of about 0.213% from the 40m section of alcohol level to the front road of the 3th class 13rd class ro center in Siung-si, Seoul Special Metropolitan City, Seoul Special Metropolitan City, 4:00, May 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Bluice stuffs images;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is very high in alcohol concentration among the blood of the defendant, and even though the defendant was sentenced to a fine due to drinking driving or a suspended sentence of imprisonment, there is a high possibility of criticism in that the defendant committed the instant crime.

However, by taking account of the defendant's age, sex, environment, circumstances leading to the crime of this case, means and results, circumstances after the crime, both circumstances after the crime, and other various sentencing conditions as shown in the arguments of this case, such as the fact that the defendant is against the defendant's wrong, and the defendant is being treated with chronic leukosis, etc., the punishment shall be determined as ordered by the order.