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(영문) 수원지방법원 안산지원 2018.04.18 2018고단311
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 October 1, 2009, 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 January 20, 201, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law (driving in drinking), and on May 31, 201, for a violation of road traffic law (driving in drinking), at the Seosan Branch of the Daejeon District Court, the Defendant was sentenced to a probation order of KRW 2 million for a violation of road traffic law (driving in drinking in drinking), and on May 31, 201.

On November 25, 2017, the Defendant driven a e-sports cargo vehicle B with approximately 00 meters alcohol concentration of about 0.091% in the 40m section from the 4 Ansan-si Member’s line square to the front road of the hospital in Ansan-si from the 4mnsan-si, Seoul-si, Seoul-si, to the 103mnsan-si’s line square.

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 conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of 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 relation, etc., shall be considered in the normal relationship with the reasons of the sentencing and the sentence as ordered.

· Unfavorable circumstances: The fact that there are many kinds of electricity and favorable circumstances: The confession and reflect of crimes, the fact that drinking is not high, and the driving distance is short.

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