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(영문) 수원지방법원 안산지원 2018.11.07 2018고단2803
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

【The Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on May 15, 2012), and a summary order of KRW 2 million for the same crime in the same court on January 11, 2016.

【Inasmuch as the Defendant had been punished on two or more occasions for drinking driving, the Defendant 2 driven the B Kazon under the influence of alcohol at approximately 0.180% of alcohol content in the 29th section of the underground parking lot of the 29th Radon-ro, Madon on August 7, 2018, in the middle of around 22:20 on August 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of the history of punishment for drinking at least twice a suspect) Acts and subordinate statutes;

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 relation, and circumstances after the crime, shall be determined as ordered by considering the following normal relation with the reasons for sentencing.

- Unfavorable circumstances: The fact that drinking value is high, the fact that the accident caused by which two parking vehicles are contacted with each other during driving has been paid, the fact that confessions and reflects, and there is no previous conviction exceeding fines.

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