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(영문) 수원지방법원 안산지원 2016.02.04 2015고단3910
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 May 28, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking) from the support of the Suwon Flag Flag method, and on August 20, 2009, from the Incheon District Court Branch Branch Branch of the Incheon District Court, a summary order of KRW 1 million as a fine for the same crime was issued.

On October 4, 2015, the Defendant driven a car with Bland in the Bland under the influence of alcohol from approximately 200 meters to approximately 0.220% of alcohol concentration in the blood, from the roads in front of the Samcheon-dong, Sincheon-si, Sincheon-si to the roads in front of the new Yacheon-si located in the same Dong.

As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol not less than twice annually,” and driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A report on the detection of a primary driver;

1. Consent letter of blood collection;

1. Requests for appraisal of alcohol concentration in the blood;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, etc., a copy of investigation report (Binding of summary orders), and a copy of summary order

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, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been subject to two times punishment due to drinking driving, the fact that he/she committed the instant crime, that the blood alcohol concentration was considerably high at the time of the instant crime, and that he/she would not drive drinking again, making a confession and again.

In full view of all the factors of sentencing on the instant case, including the details of the instant crime, the age of the Defendant, etc., the sentence shall be determined as above.

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