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(영문) 수원지방법원 안산지원 2016.09.22 2016고단2265
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 April 3, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the support for the operation of the method of the water source in Ansan, and was sentenced to a suspended sentence of four months on March 24, 2009 for a violation of the Road Traffic Act at the source of the water source method.

On February 22, 2016, the Defendant driven a F rocketing car at approximately 0.090% alcohol level from the 1km section of the blood alcohol level to approximately 20 m3 m3 m3, 40 m3,000 m3,00 m3,000 m3,000 m3,00 m3,000 m3,000 m3.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each written 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. 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 Defendant committed the instant crime in addition, even though he/she had the record of being sentenced to a single sentence due to the same crime, a suspended sentence of imprisonment once, and a three-time fine due to the same crime.

However, during the last seven years, there is no particular punishment history, the blood alcohol concentration is very high, and the defendant seems to be against himself/herself, and his/her family members are also trying to prevent the recidivism of the defendant.

The sentence identical to the order shall be determined by comprehensively taking account of all the conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case.

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