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(영문) 수원지방법원 안산지원 2015.02.03 2014고단3142
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 21, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 21, 2008. On January 21, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court's Suwon District Court's Ansan Branch on January 21, 201. On January 3, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving).

Criminal facts

On November 8, 2014, at around 20:38, the Defendant driven a Bben-type car under the influence of alcohol content of about 500 meters at approximately 0.117% in blood alcohol content at the same time from the front of the Hanyang apartment in the Yandong-dong, Yandong-gu, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Division: Application of Acts and subordinate statutes to one copy of each written judgment (No. 7,8), resident inquiry, and criminal records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (at least three times, the criminal records of punishment due to running a sound driving, the criminal defendant reflects his/her wrongness, and the criminal records of punishment other than fines do not exist for the same crime);

1. Article 62 (1) of the Criminal Act on the suspended execution (Reasons for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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