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(영문) 수원지방법원 안산지원 2015.05.08 2015고단564
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 5, 2015, at around 01:12, the Defendant driven a BAbeon car with a blood alcohol content of about 0.111% under the influence of alcohol at approximately 3km from the front of the 1668 Do, Sinsan-si, Sinsan-si, Sinsan-si, Seoul-si, to the road near the 2158 "sports Park".

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Application of Acts and subordinate statutes of a notice of suspension of driver's license and driving career certificate;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution ( though there are many criminal records against the defendant for traffic crimes, such factors as the confession and reflectability of the defendant, and the defendant has no criminal records of the suspension of execution or more severe punishment due to the same crime);

1. It is so decided as per Disposition for reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 or more of the Act on Probation, etc.;

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