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(영문) 수원지방법원 안산지원 2016.09.01 2016고단2820

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

On January 20, 201, the Defendant issued a summary order of a fine of KRW 1.5 million in the Incheon District Court on January 20, 201 as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million in the Suwon District Court on February 20, 2014 as the same crime.

Criminal facts

On June 18, 2016, the Defendant was under the influence of alcohol of 01:42% and blood alcohol concentration of 0.132%, and the Defendant was driving a car from approximately 500 meters to B Belgium at the section of 500 meters from the roads before the Sindo-dong 1785-1, 1785-1, and 1st apartment.

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, including the fact that the defendant had a previous conviction in sentencing Article 62-2 of the Probation Criminal Act, but the defendant would not repeat the same kind of crime in the future, such as selling the above vehicle recently, and the defendant has not been sentenced to imprisonment or more until now;