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(영문) 수원지방법원 안산지원 2016.01.20 2015고단3439

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 26, 2007, the Defendant issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch on July 26, 2007, and a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the source of flooding methods on April 2, 2010.

On October 26, 2015, the Defendant, who violated Article 44(1) of the Road Traffic Act on at least two occasions, driven a BMW car under the influence of alcohol with approximately 20 meters alcohol concentration of 0.14% from the 20-meter section from the Sinsan-si Road from the Sinsan-si Road to the 50-ro, Sinsan-si Station.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant Article of the Act and 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, sex, environment, background of the crime in this case, circumstances after the crime, etc. is committed, in violation of Article 62-2 of the Criminal Act, which reflects the reason for sentencing;