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(영문) 수원지방법원 안산지원 2018.04.10 2018고단638
도로교통법위반(음주운전)등
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 March 11, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on June 22, 2017, the Defendant was issued a summary order of KRW 7 million for the same crime in the same court.

[Criminal facts] On January 18, 2018, the Defendant driven BK7 vehicles at a 1km section from the 1k-distance front of the Sinsking-si, Singu, Sinung-si, with a alcohol level of 0.183% under the influence of alcohol during blood without a driver’s license on January 18, 2018 to the front road of the 1633 Water Resources Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to inquire about the results of crackdown on drinking driving;

1. Data about driver's license;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend lectures, shall be taken into consideration the nature of the crime in this case and the criminal records of the defendant's punishment.

However, the execution shall be suspended considering the fact that the defendant appears to reflect, and there is no record of punishment exceeding the fine.

Defendant is in danger of repeating a crime by repeatedly committing the same crime for a short period of time.

Since it is judged, protection observation, etc. is ordered.

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