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(영문) 수원지방법원 안산지원 2018.05.01 2018고단877
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 18, 2009, the Defendant was sentenced to a sentence of a fine of two million won for a violation of road traffic laws in the Cheongju District Court’s Incheon District Court’s support on April 29, 201, a summary order of 2.5 million won for a violation of road traffic laws (driving), and a sentence of two years for a suspended sentence of eight months for a violation of road traffic laws in the same court on September 27, 2012.

【Inasmuch as the Defendant had been punished on two or more occasions for drinking driving, the Defendant 1 driven BM3 motor vehicles under the influence of alcohol content of approximately 0.102% in a section of about 500 meters from March 17, 2018 to the front road of the same water resource construction site, from around 00:39 around the 50-meter radius from the day before the Singu-dong Sinung-dong Sinung-dong, GM3 motor vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving at home, results of measurement of drinking, and inquiry into the results of crackdown on driving at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (a confirmation report on driving force under drinking not less than twice a suspect) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act is that it is also necessary to strictly punish the same criminal records.

However, the defendant committed the crime of this case after the lapse of 5 years from the date of the sentence of 2 years of suspended sentence due to the violation of the Road Traffic Act (drinking driving) in the judgment of the defendant.

In consideration of these circumstances, the punishment as ordered shall be determined.

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