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(영문) 수원지방법원 안산지원 2017.12.06 2017고단2996
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 April 19, 2010, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the source method of water source, and on November 27, 2014, the Defendant was sentenced to a fine of KRW 3.5 million as a crime of violating the Road Traffic Act (drinking driving) at the source method of water source.

On September 3, 2017, the Defendant driven B Coin car under the influence of alcohol content of about 0.133% from the 1km section of 1km to the 1k-ro 1161 ranck-ro from the front of the restaurant in the Doi-ri Sea, Haak-dong, Sii-si, Seoul, to the Doi-ro, Doi-ro 1161.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 for two times of drinking, the defendant again committed the crime of drinking alcohol in this case, and the numerical value of alcohol concentration in blood exceeds 0.133%, on the other hand, the defendant is seriously against the defendant. On the other hand, there are no criminal records of the same kind exceeding the fine, and the defendant's age, sex, sex, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the sentence, taking into account all the sentencing conditions in this case.

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