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(영문) 수원지방법원 안산지원 2018.08.16 2018고단1207
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 received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on April 21, 2011. On July 3, 2013, 201, the Defendant received a summary order of five million won for a fine for the same crime in the support of Sugwon Gigwon, which was issued on July 3, 2013, and issued a summary order of five million won for the same crime by the same court on August 20, 2013.

【Inasmuch as the Defendant was punished on two or more occasions for drinking driving, the Defendant 1 driven a C-owned car under the influence of alcohol at approximately 0.124% in the section of approximately 10 meters from the 100-meter radius to the front road of the Sincheon-dong Hospital located in Gyeonggi-si, Gyeonggi-do to the front road of the same location, despite the fact that he was punished on two or more occasions, at around April 5, 2018.

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 regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the facts of crimes during the period of the same punishment and personal collection of the suspect);

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

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 under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant was sentenced to a fine four times due to drinking driving, and the instant crime was committed by the Incheon District Court on May 26, 2016, on the grounds that the Defendant was sentenced to a two-month suspended sentence and was sentenced to a two-month suspended sentence, and thus, there is a high possibility of criticism.

However, the defendant's mistake is seriously against the defendant, and again, the driving distance is not long, and other favorable circumstances such as the defendant's age, sex, environment, and circumstances, means and results leading to the crime of this case.

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