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(영문) 수원지방법원 안산지원 2015.07.07 2015고단1272

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 March 16, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch Branch on March 16, 2010, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on September 23, 2013.

On May 8, 2015, at around 0.15, the Defendant driven a 100-meter radius from the front of the restaurant where it is difficult to find out the trade name of the head of the Singue Hospital near the Singue-dong in the Singue-dong, with the alcohol concentration of 0.181%, at around 10 meters from the front of the restaurant where it is difficult to find out the trade name of the head of Singue-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Results of appraisal by the State;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there are three previous convictions for the same kind of punishment, the fact that there is no previous conviction exceeding a fine, the fact that there is no previous conviction exceeding a fine, the fact that there is no traffic accident, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;