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(영문) 수원지방법원 안산지원 2019.01.30 2018고단4447
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 27, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and on October 29, 2012, the Defendant received a summary order of KRW 3 million as a fine for the same crime from the Ansan Branch of the Suwon District Court.

【Criminal Facts】

At around 00:09 on December 13, 2018, the Defendant, as a person who violated the prohibition of drunk driving under the Road Traffic Act two or more times, driven B knife vehicle under the influence of alcohol at approximately 0.108% of alcohol level on the 5km section of approximately 0.108% of blood alcohol level before the front of the police box of the Ansan-si, Ansan-si, Ansan-si, the members of Ansan-si, apool-si, a sampling-ro 11, Annsan-si, annsan-si, annsan-si, ann

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (written confirmations and reports twice the punishment records of sound driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the age, character and conduct, family relation, and circumstances after the crime, shall be determined as ordered by considering the whole sentencing conditions.

· Unfavorable circumstances: The fact that the road was parked in a state of stopping due to diving in the signal atmosphere and the favorable circumstances: The confession and reflecting, and the fact that there is no previous conviction exceeding the fine.

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