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(영문) 수원지방법원 안산지원 2019.10.11 2019고단3070
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 1.5 million at the Incheon District Court on September 11, 2006 to a fine of KRW 1.5 million, and a summary order of KRW 2.5 million from the Suwon District Court on October 19, 2017 to the same crime.

around 14:02 on June 23, 2019, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry inquiry reports, including circumstantial statements, criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. A suspended sentence under Article 62(1) of the Criminal Act is an unfavorable circumstance in which the same criminal records and the same criminal records are two times, etc.

However, the punishment shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and the situation after the crime, etc., where there is no punishment exceeding a fine due to the same kind of crime.

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