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(영문) 수원지방법원 안산지원 2015.07.17 2015고단1686

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 22, 2010, the defendant sent the juvenile protection case to the Suwon District Prosecutors' Office located within the jurisdiction of the Suwon District Prosecutors' Office for the violation of the Road Traffic Act. On April 3, 2015, the defendant received a summary order of KRW 4 million due to the violation of the Road Traffic Act from the Ansan District Court's Ansan Branch for the violation of the Road Traffic Act.

At around 03:05 on May 3, 2015, the Defendant driven a Bteteme car at the 2km section from the underground parking lot in Ansan-si, 540-1 to the front road of the Western apartment located in the Dong-gu, Ansan-si, Ansan-si. From around 540-1, the Defendant driven a Bteteme car under the influence of alcohol with approximately 0.174% alcohol concentration.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle, etc. while under the influence of alcohol, even though he violated two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act, the choice of imprisonment for a crime, the choice of imprisonment for a crime;

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

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

1. Social service order under Article 62-2 of the Criminal Act;