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(영문) 수원지방법원 안산지원 2019.01.16 2018고단3980
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 May 22, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on May 2, 2013, and on January 3, 2014, the Defendant was sentenced to a penalty of KRW 4 million for a violation of the Road Traffic Act by receiving a summary order of KRW 4 million for a violation of the Road Traffic Act from the same court.

On November 1, 2018, at around 23:54, the Defendant driven a B Kanp car with approximately 100 meters alcohol concentration of approximately 0.147 percent from the front of a mutually influent restaurant located in Sinsi-dong, Sinsi-si to the front road of the 2158 Sports Park.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, character and conduct, family relation, shall be determined as ordered by considering the whole sentencing conditions.

- Unfavorable circumstances: The fact that the figure of drinking is high or favorable: The confession and reflect, and the fact that there is no previous conviction exceeding the fine;

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