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(영문) 수원지방법원 안양지원 2018.07.11 2018고단856
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 20, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon Flag Flag Flag on September 20, 207. On January 28, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime.

[2] On May 13, 2018, the Defendant, while under the influence of alcohol of 0.067% of alcohol during the blood transfusion around 22:32, the Defendant driven B-learning car over approximately 300 meters from the world-based underground parking lot 103-dong apartment 103 to the 15th day before the 15th day of the 401st century, as the citizens of the same Gu, at the same time while he was under the influence of alcohol of 0.067%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (referring to reports on the same kind of force);

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 of Article 62-2 of the Criminal Act - Sentencing of an order to provide community service and attend lectures - Unfavorable circumstances: The fact that a person commits a second offense despite his previous conviction of a fine of the same kind, such as the first head stated in the judgment: The defendant commits a mistake, and the defendant does not have any previous conviction other than the previous conviction - Other circumstances: The amount of alcohol concentration in blood, age of the defendant, sex behavior, occupation, family relationship, property status, etc.

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