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(영문) 수원지방법원 안산지원 2018.04.18 2018고단232
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

[criminal history] On September 8, 201, the Defendant was issued a summary order of KRW 3 million with the same crime at the Seoul Eastern District Court on October 21, 201, as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

[Criminal facts] On January 5, 2018, the Defendant driven a B-hand car with alcohol content of at least 0.134% in a 300-meter radius from a place in which Sinsi-dong was not located at Sinsi-si, Sinsi-si to the 1161-ro, Sinsi-si.

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 to inquire about criminal history and report criminal investigation (report on confirmation of the same kind of force);

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. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be considered in the normal relationship with the reasons of the sentencing and the sentence as ordered.

· Unfavorable circumstances: The fact that the vehicle was driven in the state of full adoption, the fact that there are many kinds of electric power and favorable circumstances: The fact that the vehicle was led to confession and reflect, the fact that there is no criminal record exceeding the fine, and the fact that the vehicle would not be re-offending;

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