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(영문) 수원지방법원 안산지원 2016.10.06 2016고단3221

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On November 23, 2006, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on November 23, 2006. On October 17, 2008, the same court was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving). On March 18, 2009, the same court was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On October 07, 2016, around 09:28, the Defendant driven the Category B EF Drilla car at approximately 0.066% under the influence of alcohol at approximately 3km from the 94m section to the 63m section of the Hoyang apartment 133-dong, Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding probation and order to attend the course is expected not to repeat the same kind of crime in the future, and that the defendant has not been sentenced to imprisonment or heavier punishment until now