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(영문) 수원지방법원 안산지원 2018.10.10 2018고단2696
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 November 14, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the support for the safe flow of water sources and massic acid, and on January 17, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

On May 18, 2018, the Defendant driven BM7 vehicle under the influence of alcohol content of 0.063% from around 500 meters from May 18, 2018 to the front day of the oil station at the same time from the Dong-dong, Ansan-si, a member of Ansan-si to the same Gu.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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 sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by comprehensively taking into account the following normal relation:

- Unfavorable circumstances: The facts that there are many kinds of electricity and favorable circumstances: the confession and reflect, the fact that drinking is low, and there is no previous conviction exceeding the fine.

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