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(영문) 수원지방법원 안산지원 2017.09.13 2017고단2074
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 January 17, 2007, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) in the support for safe flow of water sources, and on August 12, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) in the same court.

On May 4, 2017, at around 10:00, the Defendant driven the volume of DNA car in the state of alcohol alcohol of about 2km from around 0.158% while under the influence of alcohol at around 0.158% from the 2km section from the mutual influent restaurant located in the new dong-dong, Nam-gu, Chungcheongnam-gu, Seoul to the front of the Switzerland Construction Site located in the Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the order to attend a lecture is that the defendant drives a vehicle in the state of drinking once again even though he had the same career of two times, and makes a false statement to an investigation agency, etc. However, considering the circumstances that make a confession and reflect late, and that the defendant has no criminal record exceeding the fine, the defendant's age, sexual behavior, family relation, etc., the punishment as ordered shall be determined by taking into account the overall conditions for sentencing indicated in the records, including the defendant's age, family relation, etc.

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