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(영문) 수원지방법원 안양지원 2016.11.29 2016고단1533
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] On June 2, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court and the Defendant received a summary order of KRW 1.5 million as a fine from the Jung-gu District Court on July 6, 2016.

【Criminal Facts】

On August 26, 2016, at around 23:05, the Defendant driven Bone Star Cornex with a blood alcohol concentration of about 0.163% in the front line of the communication unit distance located in Ansan-si and about 23:16 on the same day from the street in front of the Mayang-dong in Ansan-si to the front line of the communication unit distance located in Jungcheon-si.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Order to Attend: The fact that the defendant has no record of being sentenced to suspended sentence; unfavorable circumstances: The defendant has a record of having been punished for the same crime as stated in his/her previous record, and in particular, even if he/she was issued a summary order of KRW 1.5 million due to drinking driving on July 6, 2016, he/she repeated the instant crime on August 26, 2016, where two months have not elapsed

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