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(영문) 수원지방법원 안산지원 2018.10.10 2018고단2714
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 Records of Crimes】 On July 15, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) from the Jung-gu District Court Goyang Branch on July 15, 2009, and a summary order of KRW 5 million for the same crime from the Incheon District Court Branch Branch of the Incheon District Court on November 21, 2013.

【Criminal facts, even though the Defendant was punished on two or more occasions for driving alcohol, the Defendant driven a B-hand car under the influence of alcohol with approximately 8km alcohol concentration of about 0.150% from the front of the luminous Han-dong apartment to the front of the luminous Han-dong apartment at the time of luminous closure around July 11, 2018 to the front of the 17km-si, Sinung-si.

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: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal history (report on confirmation of the same criminal history of 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 considering the following normal relation with the reasons for sentencing.

· Unfavorable circumstances: The occurrence of an accident caused by a vehicle parked while driving in full condition; the fact that there are many kinds of records including the records of the crime in the judgment; the fact that there are no criminal records exceeding fines, and that there are no criminal records exceeding fines.

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