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(영문) 수원지방법원 안산지원 2017.03.23 2017고단140
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

Criminal facts

On October 12, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act in the support for childbirth of the Suwon Friwon method, and on December 29, 2009, the Defendant was sentenced to a fine of 2 million won as a crime of violating the Road Traffic Act in the same court on December 29, 2009 and was sentenced to a fine of 2 million won as a crime of violating the Road Traffic Act.

On January 6, 2017, the Defendant driven approximately 500 meters from the vicinity of the calendar station located in Ansan-si, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, at the level of alcohol content of 0.215% of alcohol during blood transfusion at around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous conviction: Application of a written inquiry and an investigation report (a report accompanied by a summary order issued by drinking driving power) Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances leading to the instant crime, means and result thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing as shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: (a) the Defendant committed the instant crime even three times with the driving power of drinking, and (b) the alcohol alcohol level of the instant crime is high.

The favorable circumstances: The defendant led to the confession of the crime of this case and recognized his mistake.

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