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(영문) 수원지방법원 안산지원 2017.05.12 2017고단744
도로교통법위반(음주운전)등
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 March 2, 2007, the Defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking driving), on January 16, 2008, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and the Daegu District Court and its branch court, and on August 5, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and its branch court.

On February 24, 2017, around 01:40, the Defendant driven a vehicle B, while under the influence of alcohol leveling approximately 0.104% during blood alcohol level from around 400 meters to about 1:51, the Hanpo-si Mapo-si Mapo-gu Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating the driving of drinking and keeping records of the measuring instruments for drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, even though the defendant had had the same record of committing the crime, he/she again committed the crime without obtaining a license for drinking in this case. On the other hand, his/her mistake is divided and does not lead to traffic accidents, and the defendant's age, sex, sex, environment, motive or circumstance of the crime, circumstances after the crime, etc. are revealed in this case.

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