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(영문) 수원지방법원 안산지원 2019.02.13 2018고단4279
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2016, the Defendant was issued a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on September 27, 2016, and a summary order of KRW 4,00,000 for the same crime in the same court on October 10, 2016.

On November 25, 2018, at around 01:48, the Defendant driven a DNA knife vehicle under the influence of alcohol concentration of about 0.126% from the street near the C market located in Singu-si B to the street of about 2 km-ro 50 king-dong Sports Park in Singu-si.

Summary of Evidence

1. Defendant's legal statement;

1. Printed paper;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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

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

1. It is so decided as per Disposition on the grounds of probation, order to attend a lecture or order to provide community service for not less than Article 62-2 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Jun. 1, 201)

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