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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2654
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 May 31, 201, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,000,000 as a crime of violating the Road Traffic Act, and a fine of KRW 3 million from the same court on June 28, 2011.

On July 24, 2018, the Defendant driven C rocketing vehicles with the alcohol concentration of 0.192% under the influence of alcohol at around 30 meters in the front of Silung-si, B at around 02:59.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

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 Acts and subordinate statutes of investigation report (verification of the same kind of force);

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 determined as ordered by considering the following normal relation with the reasons for sentencing.

· Unfavorable circumstances: The circumstances that have been paid due to contact accidents while driving in full condition: The factors that have led to confession and reflective attitude, and there is no previous conviction exceeding fines.

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