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(영문) 수원지방법원 안산지원 2017.11.08 2017고단2750
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

On December 4, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (driving in drinking), and on September 11, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime from the Suwon Friwon Friwon Friwon Friwon, and on July 16, 2015, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for a violation of road traffic law (driving in drinking) for a violation of the Road Traffic Act (driving in driving in drinking), and on the support of Ansan Friwon Friwon Friwon Friwon Friwon Fri

On September 5, 2017, the Defendant driven B LP car from around 700 meters to the private distance of water resource construction work, from around 2161, while under the influence of alcohol 0.168% during blood transfusion at around 23:46.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

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. 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. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection, etc. is that the Defendant was punished three times due to drinking, and in particular, the Defendant committed the instant drinking crime under the condition that two months have not passed since the expiration of the period of suspension of execution, and that the blood alcohol concentration level high is disadvantageous to the Defendant.

However, it is against the defendant's intent to commit the crime of this case, and it does not lead to traffic accidents, and there is no other criminal record except the first head of the judgment, and all other criminal records in this case, such as the defendant's age, sex, environment, motive or circumstance of the crime, and circumstances after the crime.

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