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(영문) 수원지방법원 안양지원 2019.03.26 2018고단2153
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 22, 2007, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court. On August 30, 2012, the Defendant received a summary order of KRW 2 million for the same crime from the Gyeyang Branch Branch of the Suwon District Court as a fine for the same crime, and on September 13, 2013, issued a summary order of KRW 7 million for the same crime.

【Criminal Facts】

On October 13, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven D UA8 car under the influence of alcohol content of about 0.126% at a section of about 100 meters from the Do adjacent to the B market in Ansan-si, Ansan-si to the road adjacent to the Mayang-gu, Mayang-si, Mayang-si, the Defendant driven D UA8 car under the influence of alcohol content of about 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Previous for judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, which leads to a traffic accident and is highly likely to cause serious human and physical damage, and the defendant, even though he had already been punished several times due to drunk driving, is driving at the same time, shall determine the sentence as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc.

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