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(영문) 수원지방법원 안산지원 2015.09.09 2015고단1897

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million for a violation of the Road Traffic Act at the Suwon District Court on November 7, 2008 at the Suwon District Court on July 7, 2008.

Although the Defendant had been punished for running a motor vehicle under the influence of alcohol twice as above, on June 27, 2015, at around 22:57, the Defendant driven a B rocketing motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.087% in the section of approximately 100 meters from the vicinity of the Han River Station in Ansan-si, Ansan-si to the front road of the Godong-dong apartment of the Godong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Notification of the control results of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Circumstances that are favorable to the reasons for sentencing under Article 62-2 of the Criminal Act; circumstances unfavorable to the disadvantage of sentencing; the defendant's age, character and conduct, environment, circumstances of the instant crime, circumstances after the crime, etc.;