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(영문) 수원지방법원 안산지원 2016.04.20 2016고단503
도로교통법위반(음주운전)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On April 12, 2010, Defendant A was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking) in the support of the Suwon Flag Flag method, and on January 28, 2014, Defendant A was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking) at the same court on January 28, 2014, and was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act.

On December 1, 2015, the Defendant driven CK5 vehicle under the influence of alcohol 0.076% in alcohol while under the influence of alcohol from around 1246-0 to around 1245-6 of the same year from the 1246-6 of the Yari-gu, Ansan-si, Ansan-si.

2. Defendant B was aware of the occurrence of a traffic accident while driving a motor vehicle under the influence of alcohol on December 1, 2015.

Nevertheless, even though the defendant knows that he/she committed a crime punishable by a fine or heavier punishment as above, he/she has committed the same month.

8. At around 14:37, the Defendant made a false statement as if he/she caused a traffic accident while driving a motor vehicle and allowing A to escape.

Summary of Evidence

1. Defendants’ legal statement

1. A report on detection of a driver at the main place and a statement in the circumstances of the driver at the main place;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Defendant A of the relevant criminal facts: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Defendant A of the choice of imprisonment: Article 151 (1) of the Criminal Act, and the choice of fines;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 62-2 of the Criminal Act;

1. Defendant B: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act

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