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(영문) 수원지방법원 안산지원 2017.10.12 2017고단2254
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 history] On April 8, 2009, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving of alcohol), etc. on July 15, 2009, the Defendant was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving of alcohol), etc. at the Seoul Northern District Court on August 15, 2009. On August 31, 2009, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving of alcohol) at the Seoul Central District Court on August 31, 2009. On January 19, 201, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving of alcohol), and was sentenced to a suspended sentence of two years for six months.

[Criminal facts] On July 11, 2017, at around 23:55, the Defendant driven B rocketing car under the influence of alcohol leveling 0.183% from the blood alcohol level at approximately 200 meters to the front road of the 2161 Water Resources Corporation in front of the Sincheon apartment site located in Sincheon-dong, Sincheon-dong, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment of a summary order to the same type of power), application of criminal history-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (any unfavorable circumstance, such as the fact that the defendant has been punished for the same kind of crime several times, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity [The consideration given in favor of the defendant, including the fact that the defendant recognized his mistake and reflects his mistake, and that the defendant was punished for a violation of the Road Traffic Act, etc., and that at least seven years have passed since the defendant committed the crime of this case after he was punished for a violation of the Road Traffic Act];

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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