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(영문) 수원지방법원 안산지원 2018.02.07 2017고단3419
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 January 11, 2007, the Defendant issued a summary order of KRW 2.5 million at the Seoul Southern District Court for a crime of violation of road traffic law (dacting driving), and on July 1, 201, the Incheon District Court issued a fine of KRW 2.5 million for the same crime.

[2] On September 20, 2017, the Defendant driven a BE e-sports car under the influence of alcohol content of about 0.197% among blood while under the influence of alcohol at a section of about 500 meters from the front of a non-cafeteria in the trade name located in the Iron-dong Commercial Area to the front of the same city 932, an original e-mail at around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);

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. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the following conditions of sentencing, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, shall be considered and the sentence as ordered.

- Unfavorable circumstances: A majority of the same electric power, the fact that the figure of drinking is high and favorable: A confession and reflect, and there is no previous conviction exceeding the fine.

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