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(영문) 수원지방법원 안산지원 2013.07.18 2013고단1201
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] In addition to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on July 29, 2008, the Defendant received a summary order of 4 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 22, 2009, the same kind of criminal records is more than twice.

【Criminal Facts】

The Defendant, around 01:50 on May 10, 2013, driven B motor vehicles at approximately 500 meters while under the influence of alcohol concentration of 0.169% on the front of the SKS station located in Sinsi-dong 1090.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of running a motor vehicle under the influence of alcohol, request for appraisal of blood alcohol concentration, request for appraisal, report on detection of a drinking driver, appraisal statement, investigation report, and each summary order;

1. Application of statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime are extremely heavy in light of the content of the crime in this case. However, there are no criminal records of the suspended execution or higher, the defendant has a depth of his/her mistake, and the defendant has a clear social ties relationship and the detention of the defendant entails excessive difficulty for his/her family members, and other circumstances, such as the motive and circumstance of the crime in this case, circumstances after the crime, the defendant

1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;

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