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(영문) 수원지방법원 안산지원 2016.12.08 2016고단3670

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was issued a summary order of KRW 4 million by the same court on April 17, 2008 as a fine of KRW 1.5 million for a violation of the Road Traffic Act at Ansan Branch of the Suwon District Court on April 17, 2008, and the same court on February 5, 2013 for the same crime.

【Criminal Facts of Crimes】 Around August 15, 2016, the Defendant driven BEX car at approximately 50 meters on the front of Hoho Apartment-dong 1437-4.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, report on the results of the control of drinking driving, report on the circumstances of drinking drivers, and report on requests for appraisal;

1. Photographs related to accidents;

1. Investigation reports (demark);

1. Previous convictions indicated in the judgment: Application of criminal history records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (unfavorable circumstances, such as the fact that the blood alcohol concentration of the defendant was 0.273% at the time of the crime in this case, and that the defendant has been punished for the same kind of crime twice, etc.)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal records exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;