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(영문) 수원지방법원 안산지원 2012.12.28 2012고합536
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

On January 29, 2008, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on January 29, 2008, and a summary order of KRW 1.5 million for the same crime in the Changwon District Court's smuggling Branch on January 5, 2009 and violated Article 44 (1) of the Road Traffic Act at least twice.

On October 12, 2012, at around 00:45, the Defendant driven a B car under the influence of alcohol with approximately 0.106% of alcohol content from the 1km section from the 1km section to the 107 front roads of the wall mountain apartment in the same 828 from the Masan-si Nowon-gu Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment of the same type of crime records), including criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is deemed to have driven a vehicle while under the influence of alcohol by the defendant. The drunk driving is a dangerous crime that may lead to a serious accident that may lead to the life of another person. As the recent revision of the Road Traffic Act, the punishment for the act of drinking alcohol has been significantly strengthened, and the defendant committed the crime of this case of the same kind even though he had the history of being punished twice or a fine due to drinking driving, it is necessary to punish the defendant solemnly.

However, the defendant recognized the crime of this case and reflects his mistake and is fined twice due to drinking driving as above.

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