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(영문) 수원지방법원 안산지원 2018.11.07 2018고단2920
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 2, 2016, the Defendant was issued a summary order of a fine of KRW 4.5 million by the Seoul Eastern District Court for a crime of violating the Road Traffic Act, and on July 16, 2013, the Defendant was sentenced to a summary order of KRW 3 million by the same court for the same crime, and was sentenced to a summary order of KRW 3 million by the same court on July 16, 2013.

On 06:20 on 06.23. 23. 206. 06. 20, the Defendant driven Dworka car with approximately 200 meters of alcohol level from Ansan-si 0.197% under the influence of alcohol level from Ansan-si to the front roads of C High School located in B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following factors.

- Unfavorable circumstances: The fact that the numerical value of drinking was very high and that it was a state of drinking to the extent of diving while driving: The confession and seriously reflect; the fact that the owned vehicle was disposed of; the treatment of alcohol dependence; and the fact that there was no criminal record exceeding the fine.

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