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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3079

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

On May 21, 2008, the Defendant issued a summary order of KRW 2 million from the Suwon District Court's Busan District Court's Busan District Court's Busan District Court's Branch for the crime of violation of the Road Traffic Act, and KRW 1 million from the same crime on June 29, 2016 to the same crime.

Criminal facts

On August 1, 2016, at around 15:19, the Defendant driven a DPoter II truck while under the influence of alcohol leveling 0.273% of the volume of approximately five meters on the front of C in Silung-si B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the place where drinking is measured;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attached to two copies of the summary order;

1. Relevant legal 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 (any 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 several times, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (normal consideration, such as the fact that the defendant acknowledges his mistake and reflects his mistake, that the distance driven at the time of the instant crime is only five meters, that there is no criminal record exceeding the fine, and that there is no criminal record beyond 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;