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(영문) 수원지방법원 안산지원 2018.07.04 2018고단1495
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 5, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a crime of violation of road traffic law at the Suwon Flag Flag Flag, and on April 26, 2010, the Defendant was issued a summary order of KRW 2,00,000,000 as a fine for the same crime.

[2] The Defendant 1 driven B K7 cars under the influence of alcohol leveling 0.131% from a 50-meter section from the Do elementary school, the day before the Do elementary school located in the Sindong-dong in Sindong-dong, so as to the mother distance intersection in the same location, even though the record of violating drinking driving was two or more times, at around April 7, 2018.

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: Application of inquiries about criminal history and investigation reports (attached to the same criminal records and summary orders of 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. 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 comprehensively taking into account the following normal relation:

· Unfavorable circumstances: The circumstance in which the vehicle parked while driving in a state of full-time and in favor of him/her has been paid and the circumstances favorable to him/her are confessioned and reflected, and there is no previous conviction exceeding the fine.

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