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(영문) 수원지방법원 안양지원 2017.08.29 2017고단1056
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] The defendant was sentenced to a suspended sentence of four months for a violation of road traffic law in the support for the development of the Sugwon method, etc. on November 3, 2009, and was sentenced to a fine of 1.5 million won for a violation of road traffic law at the Jung-gu District Court on October 28, 2008.

[2] On April 5, 2017, the Defendant driven BM vehicle under the influence of alcohol content of about 0.181% in a section of about 100 meters from the blood alcohol level to the front 509 operation of the building at the time of the building at the 527 Emba Start, as it was located in the Gu, at the time of Ansan-si around 21:39, the Defendant driven BM vehicle under the influence of alcohol level of about 0.181% in front of the building.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, and vehicle photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment of judgment on driving force on a suspect), and statutes;

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 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation, the reason for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Social Service Order and Order to attend lecture - The defendant's mistake is recognized; unfavorable circumstances: The defendant has a record of being punished for the same kind of crime like the previous conviction in his/her judgment, and there is a record of being punished for five times in total;

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