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(영문) 수원지방법원 안산지원 2016.04.07 2016고단115
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 September 25, 2006, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on September 25, 2006, and on June 8, 2007, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

On January 6, 2016, at around 03:54, the Defendant driven a driver’s vehicle with a gallon in the state of alcohol level of approximately 20 KK from the front of the Pream Apartment apartment located in the Nam-gu Incheon Metropolitan City, Incheon to the front road of the sports park located in the 2158 Sinsi-si, Sinsi-si, to the front road of the sports park.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, the details of the measurement of drinking, and the statement of the situation of the driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. 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 of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, Order to Attend Military Service, and Order to Keep the same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, sex, environment, circumstances before and after the instant crime, etc.

Along with the fact that a person has been sentenced to a fine twice due to drinking driving for the last eight years, who has no record of punishment for a person driving under the influence of alcohol for the last eight years, and has the record of a crime that has been sentenced to a punishment once for another crime, a suspended sentence once, or

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