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(영문) 수원지방법원 안산지원 2015.10.14 2015고단2649

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

Criminal facts

The defendant has been sentenced to each punishment of violation of the Road Traffic Act (driving) in Suwon District Court's Ansan Branch's mountain support, fine of one million won on December 20, 2007, and fine of three million won on April 8, 2014.

Although the Defendant had been punished for the crime of violation of the Road Traffic Act more than twice as above, the Defendant driven a BNS car at the 4km section from September 2, 2015 from the Do in front of the city of Ansan-gu 0.131% of the blood alcohol content at the 0.131% under the influence of alcohol on September 2, 2015 to the 4km-dong from the Do in front of the city of Ansan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the occupancy of a motor vehicle from the driver;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (2) of the Criminal Act on the grounds that there are two occasions the criminal records of punishment for the

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;