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(영문) 수원지방법원 안산지원 2018.04.25 2018고단721
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 17, 2009, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of road traffic law (driving alcohol), and on January 9, 2014, at the same court issued a fine of KRW 7 million for a violation of road traffic law (driving alcohol), on at least two occasions, on which the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions. However, on February 25, 2018, on around 03:45, the Defendant was driving a car under the influence of alcohol at least 460 percent of alcohol among blood alcohol at the 2.5km section of the apartment complex at approximately 50 meters in the front of the road in Ansan-si, Ansan-si, the Seoul Special Metropolitan City, Annsan-si, the head of the Sin-si, the head of which around 03:45, the head of the Sinsan-si, the head of the Sinsan-si, the head of the Sin-si.

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: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

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, such as the defendant's age, sex, family relationship, etc., shall be determined in consideration of the following normal relation with the observation of protection, community service and order to attend a lecture, and the sentence as ordered;

- Unfavorable circumstances: A majority of the same electric power, the fact that drinking is high and favorable: The confession and reflects, and there is no previous conviction exceeding the suspension of the execution of imprisonment.

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