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(영문) 수원지방법원 안산지원 2019.06.26 2019고단1484
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On November 30, 201, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Incheon District Court on December 8, 2015 at least twice.

On February 15, 2019, at around 01:40, the Defendant driven a 100-meter EKazon vehicle from the Do near the Dong-gu, Ansan-si to the front road located in the Dong-gu, Ansan-si, Ansan-si, the Defendant was under the influence of alcohol with 0.071% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on re-calculated of suspect's blood alcohol concentration);

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;

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