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(영문) 수원지방법원 안산지원 2019.03.27 2019고단38
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 October 10, 201, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions, including a summary order of a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on October 10, 201, and a fine of 2.5 million won for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on October 10, 201.

On August 16, 2018, at around 23:33, the Defendant driven a 1 km CK5 car from the Do in front of the Sinung-si B market to the front road of the sports park located in the 50-ro, Sinung-si, Sinung-si, Sinung-si, under the influence of alcohol with a blood alcohol level of 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: An inquiry inquiry letter, and application of each summary order (Evidence List No. 10) statute;

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. 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 accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;

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