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(영문) 수원지방법원 안산지원 2016.07.06 2016고단1847
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

1. On March 12, 2016, the Defendant driven a Austria car under the influence of alcohol content of approximately 0.175% in a section of approximately 500 meters from the 540-on-road Hamsan-dong, Ansan-si to the front road of the shooting distance of the Ansan fire station located in Ansan-dong 515-1, a member of Ansan-si, a member of Ansan-si, a member of Ansan-si.

2. On July 25, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support for childbirth of the Suwon Friwon method, and on March 12, 2016, the Defendant was found to have the record of being discovered by driving under the influence of alcohol as stated in the above paragraph (1).

On April 1, 2016, the Defendant driven a B-on car with alcohol content of about 0.123% while under the influence of alcohol from around 1k to around 8 teaching roads located in the Dong-gu, Ansan-si, a member of Ansan-si from the road near the head office where it is impossible to identify the trade name located in the luxedong in the Sinsi-si, Annsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of response to requests for appraisal and restrictions on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1) (which means a driving under the influence of alcohol with a alcohol content of not less than 0.1% and less than 0.2%) of the Road Traffic Act, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (which means a driving under the influence of alcohol again after violating Article 44(1) of the Road Traffic Act not less than twice) of the Road Traffic Act, and each decision of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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