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(영문) 수원지방법원 안산지원 2018.12.06 2018고단3458
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

The Defendant, at the Seoul Northern District Court on July 19, 2006, issued a summary order of KRW 1.5 million for a crime of driving under the Road Traffic Act at the Seoul Northern District Court on July 19, 2006, and issued a summary order of KRW 2.5 million for the same crime at the Sungnam support center on January 20, 2009, and violated Article 44(1) of the Road Traffic Act at least twice.

On September 7, 2018, under the influence of alcohol level of 0.134% during blood transfusion, the Defendant driven a Bspoon car at the section of approximately 300 meters in front of the apartment apartment of the Ansan-gu, Ansan-gu, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-gu, Annsan-si, Annsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A paper of measurement of drinking alcohol;

1. Criminal records as stated in the judgment: Investigation report (report attached to the above previous summary order, etc.), each summary order, and the application of Acts and subordinate statutes as a result of inquiry about criminal history;

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 reason for sentencing in Article 62-2 of the Criminal Act of the community service and order to attend a lecture has been that the defendant has been punished three times due to drinking driving in the past and one time due to driving without a license in the past, and the crime is not good.

However, in consideration of the favorable circumstances, the fact that the defendant has no history of punishment of imprisonment or heavier, and the defendant shows an attitude against the court, the punishment shall be determined as per the order.

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