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(영문) 수원지방법원 안산지원 2015.12.23 2015고단3027

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 October 22, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 3.5 million for the same crime in the same court on August 31, 2011.

피고인은 2015. 9. 11. 20:35경 경기 시흥시 정왕동에 있는 시화관광호텔 근처 상호불상의 식당 앞 도로에서부터 경기 안산시 단원구 신길중앙로1길 16번 교동짬뽕 식당 앞 도로에 이르기까지 약 4km 구간에서 혈중알코올농도 0.141%의 술에 취한 상태로 B 쏘렌토 승용차를 운전하였다.

As a result, although the defendant had been punished for the violation of the Road Traffic Act more than twice, he again driven the said car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reading out of the measuring result of drinking;

1. The circumstantial report of an employee;

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. The Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;