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(영문) 수원지방법원 안산지원 2016.09.21 2016고단3014
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On October 20, 2008, the Defendant has been sentenced to a suspended sentence of two-year imprisonment for five months due to a violation of the Road Traffic Act in the Jeonju District Court's Eup branch on October 20, 2008, or a violation of the Road Traffic Act in the support of Sugwon of Suwon Friwon on June 17, 2009.

On July 19, 2016, the Defendant driven a vehicle with alcohol content of about 0.073% in blood while under the influence of alcohol content of 0.073% at a section of about 10km in front of the Suwon-si Art Exhibition Center, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Annsan-si, Sinsan-si (hereinafter referred to as the “Masan-si”).

Summary of Evidence

1. Statement by the defendant in court;

1. A report stating the situation surrounding the drinking control Stick and the driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (not less than a number of criminal records against the defendant, but also considering the fact that the defendant is led to confession and reflects by the defendant, and that the defendant has no specific history of punishment for the latest five years

1. It is so decided as per Disposition for the reasons under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 or more of the Act on the Observation, etc. of Protection;

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