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(영문) 수원지방법원 안산지원 2013.12.20 2013고단2529
도로교통법위반(음주운전)
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

Punishment of the crime

On July 31, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on July 31, 2008. On May 21, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on May 21, 2009. On October 8, 2010, the Defendant was sentenced to a suspended sentence of 4 months and 2 years for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court.

around 23:40 on October 4, 2013, the Defendant driven BM7 car under the influence of alcohol concentration of approximately 0.164% from a 100-meter section of blood alcohol level from the 49-dong, Sinsi-si, Sinsi-si to the front direction of Sinsi-dong 1744-6 Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (not more than nine pages of the record), a report on the results of the control of drinking driving and a statement on the results thereof, and a statement of alcohol alcohol;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, investigation reports, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the distance of driving is shorter and that it reflects it);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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