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(영문) 수원지방법원 안양지원 2017.06.28 2017고단698
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 September 18, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on September 18, 2008, and received a summary order of KRW 3 million for the same crime in the same court on June 25, 2012.

[2] On January 14, 2017, the Defendant driven B B large-scale scaming scambling scams over about 400 meters from the map near the cambling market in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, 127 to the intersection of the 13th Scam width, under the influence of alcohol leveling 0.132% of alcohol level among blood transfusions around 20:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The fact that the crime of this case was committed in the same kind of situation although the first head of the judgment was committed several times, including the previous criminal records in the judgment, - the favorable circumstances: the fact that the error is against the law, and there is no previous criminal records;

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