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(영문) 수원지방법원 안산지원 2016.01.12 2015고단3519
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2007, the Defendant was sentenced to one year and six months of imprisonment for a violation of road traffic laws in the Daejeon District Court's branch offices, and on February 4, 2013, the Defendant was issued a summary order of one million won of a fine by the same court as a crime of violating road traffic laws.

On November 3, 2015, the Defendant driven a cub car at B while under the influence of alcohol leveling 0.083% from a section of about 500 meters in alcohol level from the front of the Handong-dong apartment complex of the same Gu to the front road of about 500 meters in front of the Handong-dong-dong, Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A paper of measurement of drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime again despite the fact that he/she had been subject to punishment twice or more due to driving under drinking, and that he/she is willing not to drive under the influence of alcohol again.

The sentencing factors of the instant case, including the blood alcohol concentration at the time of the instant crime, the motive and circumstance of the instant crime, the Defendant’s age, family relationship, etc., shall be determined by comprehensively taking into account all the factors of sentencing regarding the instant case.

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