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(영문) 수원지방법원 안산지원 2017.07.19 2017고단1477
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 May 14, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the support for the safe flow of water sources, and on November 18, 2014, the Jeju District Court issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving).

On March 26, 2017, at around 22:51, the Defendant driven DK 3 motor vehicles under the influence of alcohol content of approximately 0.267% from a 300-meter section of blood alcohol level to the road front of the cafeteria referred to as the 572 si, Singu, Sinri-si, from the Dok-si’s Tri-si, which is located in Sinri-si, Sinri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, despite the fact that the defendant had committed the crime of drinking in this case two times of the same criminal records, again committed the crime of drinking in this case, while the number of alcohol concentration in blood was very high, on the other hand, he/she divided his/her mistake and disposed of the said vehicle while breaking his/her mistake, and on the other hand, he/she did not lead to traffic accidents, and all of the sentencing conditions in this case, such as the defendant's age, sex, environment, and circumstances after

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