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(영문) 수원지방법원 안양지원 2018.08.10 2018고단858
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 18, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on June 24, 2015, the Defendant received a summary order of KRW 3 million for the same crime.

[2] On April 13, 2018, the Defendant driven a car with DNA strokeer in the state of alcohol concentration of about 0.228% in the 4km section from the front of the 46 Meak Apartment apartment at the Gu school in Ansan-si to the front road in the Gu in Ansan-si in about 02:16 on the same day from Apr. 13, 2018 to the front road in the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written appraisal of alcohol and notification of the results of the crackdown on drinking driving;

1. A report on investigation;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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 to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant was punished by a fine twice a drinking or a non-licensed driving twice a short term after around 2014, and was punished by a suspension of indictment due to a violation of road traffic law (measures not to be taken after an accident).

The nature of the parked vehicle is hot, such as great damage to the parked vehicle while driving in the state of inflow.

The favorable circumstances shows the attitude of recognizing and reflecting crimes.

There shall be no criminal records of suspended execution or more.

Determination of sentence: Determination of sentence as ordered in consideration of the sentencing conditions, such as these circumstances, the age, sex, environment, etc. of the defendant.

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