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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1675
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 September 2, 2013, the Defendant was issued a summary order of KRW 4 million on September 2, 2013 by a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Branch, and on November 23, 2010, a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Friwon, and the Defendant was issued three times of the same electricity.

On June 15, 2017, the Defendant driven B Twork XG vehicles at approximately 500 meters from the commercial area in the City of Heung-si to the same five hundred and fifty-eight-eight roads from the commercial area in the City of Heung-si, under the influence of alcohol content of 0.094% during the blood transfusion around 22:45.

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: Application of a reply to inquiries, such as criminal history, investigation report (referring to the same type of judgment and attachment 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 sentencing criteria are not set for offenses against the violation of the Road Traffic Act for the reasons of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

Although the defendant had had the record of committing the same kind of crime more than two times, again committed the crime of drinking alcohol in this case, the degree of alcohol concentration is not lower than that of blood, while the disabled class 3 is seriously against his/her mistake as a disabled person, and the defendant's age, sex, environment, and circumstances after the crime, etc. are considered and all of the sentencing conditions in this case shall be determined as per the order.

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