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(영문) 수원지방법원 안산지원 2018.11.21 2018고단3273
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

[Power of crime] On January 2, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, and a summary order of KRW 2.5 million for the same crime in the same court on April 23, 2009, respectively.

[2] On August 24, 2018, around 22:55, the Defendant driven Cho-do in a state of under the influence of alcohol concentration of approximately 0.132% from a 300-meter section to the front road of the CU convenience store located in 121 Si-ro 184, a 184-5-gil-ro, Seocheon-si, 2018.

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 convictions: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;

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 under Article 62-2 of the Criminal Act, including the defendant's age, sexual conduct, family relationship, and circumstances after the crime, shall be determined by comprehensively taking into account the following factors:

- Unfavorable circumstances: The fact that the driving force of drinking is high at least three times, the result of drinking is high, the fact that the contact accident has occurred: the confession and reflect, the fact that the agent drives a short distance in the state of leaving the contact, the fact that the agent is supporting minor children.

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