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(영문) 수원지방법원 안산지원 2018.02.07 2017고단3406
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 27, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on May 22, 2017, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

[2] On November 18, 2017, the Defendant, as a person with at least two occasions of violating the Road Traffic Act, driven a vehicle of about 1km in the state of alcohol alcohol level of about 0.069% in the 1km from the road near the main station of “7080 Contt” located in the Gu, Ansan-si, a member of Ansan-si, to the road front of the same Sin-gu 432 members art gallery (transfer) at around the same time.

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 conviction: Application of this Act and subordinate statutes to inquire about criminal history and output of 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. The sentencing conditions of the Defendant’s age, sex, environment, family relationship, and circumstances after the crime are considered in the normal relationship with the reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service, and order to attend lectures, and the sentence is determined as ordered.

- Unfavorable circumstances: The circumstances that have been caused by the accident while driving again the same kind of electric power at least twice: the confession and reflect; the degree of drinking is relatively low; and there is no previous conviction exceeding the suspension of the execution of imprisonment with prison labor;

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