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(영문) 수원지방법원 안산지원 2014.10.30 2014고단2393

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On December 2, 2011, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on December 2, 201, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on June 27, 2008.

At around 18:10 on September 6, 2014, the Defendant driven B 3 km from the street room in the front of the members of Ansan-si, Ansan-si, a member of Ansan-si, and from around 109-9 on the street, while under the influence of alcohol with a blood alcohol concentration of 0.158%.

As a result, the Defendant, while driving a motor vehicle, etc. under the influence of alcohol and driving a motor vehicle again under the influence of alcohol even though it has violated two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the defendant, and there is no record of punishment heavier than a suspended sentence, and considering the circumstances of the crime in this case, the age, character and conduct, environment, etc.