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(영문) 수원지방법원 안양지원 2017.09.12 2017고단1042
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] The Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the support for the development of the Sugwon method method in November 19, 2010, and was sentenced to a fine of KRW 3 million for the same crime in the same support on August 18, 2011, and was sentenced to a summary order of KRW 3 million for the same crime, etc. on the same support on May 25, 2012.

[2] On May 12, 2017, the Defendant: (a) from the vicinity of the water market located in Ansan-si around 00:00 on May 12, 2017 to the road in front of the water station located in Ansan-si around 00:08 on the same day during the same day; (b) from around 4km-si to the road in front of the water station located in Ansan-si around 947 E1, the Defendant was under the influence of alcohol concentration of 0.072% during blood and driven a D-G car while under the influence of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

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 and observation, community service order and order to attend lectures - The defendant's mistake is recognized, the alcohol concentration in blood is relatively low - Unfavorable circumstances: The defendant has a record of being punished for a crime of the same kind as stated in the judgment in the judgment, and re-offending even after a suspended sentence was issued in 2012;

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