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(영문) 수원지방법원 안산지원 2018.09.12 2018고단1991
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 November 3, 2006, the Defendant received a summary order of KRW 700,000,000 from the Seoul Eastern District Court to a fine for a violation of road traffic law (dacting driving). On September 21, 2007, the Seoul Central District Court received a summary order of KRW 2,00,000 as a fine for the same crime.

[Criminal facts] On March 22, 2018, the Defendant driven Bsch Rexton car under the influence of alcohol by 0.139% in a section of about 40 meters from around the apartment of the 39 high-speed village to the 39 high-speed village 39 meters high-speed village from the front of the 39 high-speed village apartment.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations at least twice, was driving 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. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report accompanied by a summary order, etc.);

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 relationship, etc., shall be determined by comprehensively considering the following normal relation with the reasons for sentencing:

- Unfavorable circumstances: The fact that drinking value is high, twice the same kind of power as well as the fact that there was a history of having been suspended from the execution of imprisonment due to a violation of road traffic laws in 2010: The fact that the vehicle is also disposed of by the confession of the crime, the fact that the vehicle is also being disposed of, around November 2017, that the personal place of business is likely to be damaged by the damage caused by the actualization of another person's place of business, and that the child is supported by the young children.

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