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(영문) 수원지방법원 안산지원 2017.11.22 2017고단2637
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 history] On April 16, 2009, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving of Drinking). On May 4, 2016, the Defendant received a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act (driving of Drinking) in the support of the Suwon

[2] On September 14, 2017, around 00:25, the Defendant driven a Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a course of study is that the defendant drives a second-class drinking even though he had a previous record of the same kind of driving. However, the defendant is led to confession and reflect, the drinking value is relatively low, and the drinking value is relatively low, taking into account the circumstances favorable to the absence of other criminal records, and taking into account the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, family relationship, etc., and determine the sentence as ordered

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