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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3486
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 10, 2009, the Defendant issued a fine of one million won for a crime of violation of the Road Traffic Act at the Incheon District Court on July 10, 2009, and a summary order of five million won for the same crime from the vice branch of the Incheon District Court on October 18, 2012.

Criminal facts

On August 31, 2016, at around 21:50, the Defendant driven B low-speed vehicle with a blood alcohol content of about 100 meters from the road in front of the trade influent frequency of the gluent-dong located in Silung-si to the front road of about 529-3 of the same Act.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding probation and order to attend a lecture is likely not to repeat the same kind of crime in the future, and that the defendant has not been sentenced to imprisonment or heavier punishment until now;

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