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(영문) 수원지방법원 안산지원 2017.04.28 2017고단277
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 24, 2008, the Defendant was sentenced to a fine of 6.5 million won due to a violation of road traffic law (drinking) in the support for the childbirth of the Sugwon method, and on January 25, 2013, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with labor for the same crime.

On December 20, 2016, the Defendant driven a volume of BCA 100 m20 meters under the influence of alcohol leveling to 0.253% of alcohol leveling from the border of the Goodong-dong Yandong-gu, Ansan-si, the upper part of the 142 Goodong-gu, Yasan-si, the upper part of the 200 m200 m20 m20 m2.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, reporting on the results of investigation (verification of the same past record), reporting on the results of investigation (verification of the same past record), Masan 2012, Masan 622, Masan 208, 1713, 1714, and 1715, to the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 crime of this case for the reasons of sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation of the crime of this case is the case where the defendant driven otobb under the influence of alcohol 0.253% under the influence of alcohol despite the fact that the defendant had been in violation of the prohibition of driving alcohol twice, and the crime of this case and the quality of the crime and the criminal situation are not less weak, and the defendant has been punished several times due to the crime of violation of the Road Traffic Act (driving). In particular, the defendant committed the crime of this case at the time when he was sentenced to imprisonment on January 25, 2013, imprisonment in 8, the suspension of the execution of two years, and one year and 10 months after the expiration of the suspension of the execution of the sentence, and the fact that the alcohol concentration in the blood of the defendant is higher, but the defendant is admitted to his mistake while making a confession of the crime of this case.

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