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(영문) 수원지방법원 안양지원 2018.07.04 2017고단1984
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 June 21, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Road Traffic Act (drinking driving), etc. by the Daegu District Court, and on September 26, 2012, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon District Court.

[Criminal facts] On August 13, 2017, the Defendant driven B K5 vehicle over about 5 km from the Do in front of the Yapo-dong in the Yapo-si, Taepo-si, Taepo-si to the front of the Yapo-si to the 42nd road, while under the influence of alcohol level of 0.075% among blood transfusion around 06:10 on August 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, and three-dimensional statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is due to - Unfavorable circumstances: The fact that the criminal records of the same kind and of the previous crimes are repeated despite the names of three times as indicated in the judgment, as well as the criminal records of the first head of the judgment; the fact that the criminal defendant commits a mistake; the fact that the criminal defendant does not have a criminal record; other circumstances: the amount of alcohol concentration in the blood,

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