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(영문) 수원지방법원 안산지원 2018.01.05 2017고단3426
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2008, the Defendant was issued a summary order of KRW 1 million as a fine of KRW 5 million for the same crime in the same court on March 26, 2012, as well as a fine of KRW 5 million for the same crime.

On July 22, 2017, at around 03:06, the Defendant driven B K5 car under the influence of alcohol level of about 0.110% in a section of approximately 20km from the direction of the route near the street of the Guro-gu, Incheon Metropolitan City to the ambal-dong located in the upper and upper east-gu, Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating drinking driving;

1. Relevant photographs;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (the suspect's drinking 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, even though the defendant had been sentenced to a fine on two occasions due to drinking, again committed the crime of drinking in this case, and the degree of alcohol concentration in blood reaches 0.110%. On the other hand, the defendant's disposal of the above vehicle while seriously against the defendant, the defendant did not have any criminal record other than the above two times of fine, and the defendant's age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by the disposition.

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