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(영문) 수원지방법원 안양지원 2019.03.28 2018고단2161
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 power] On November 18, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gyeyang Branch of Suwon District Court on November 18, 201, and on June 7, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on June 7, 201.

【Criminal Facts】

On October 29, 2018, at around 06:25, the Defendant driven Cbee or a car while under the influence of alcohol at about 2 km section from the Do in the Do of Sipoposi, Sipo-si, Samsung Underground-do, which was located in the valley of Sipo-si, Mapo-si, up to the shooting distance, at approximately 0.069% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, copy of the report on the state of drinking drivers, report on the state of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant, even though he/she had a record of being punished twice due to drinking driving, was driving under the influence of alcohol.

The drinking driving caused a traffic accident while driving.

In favorable circumstances: The level of drinking water in this case is relatively high.

The defendant is going against the crime to not repeat the crime, such as disposing of vehicles, etc.

There is no history of punishment exceeding a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and all other circumstances revealed in the records and pleadings of this case shall be determined as ordered.

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