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(영문) 수원지방법원 안산지원 2015.09.18 2015고단2527
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 7, 2011, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on December 5, 2014.

Criminal facts

On August 24, 2015, around 22:51 on August 24, 2015, the Defendant driven Chool car while under the influence of alcohol content 0.165% with a section of approximately 1 km from the Do prior to the public announcement of the king-dong Sinsan City in the sports park to the front of the same sports park.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Records before judgment: Application of Acts and subordinate statutes by inquiry inquiry, such as the defendant's legal statement and criminal history;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the following: (a) the Defendant led to the instant crime; (b) the Defendant was unable to engage in economic circumstances, such as having retired from the place of work due to the instant crime; and (c) the Defendant appears to have faithfully lived, such as having been suffering from a disease in the past during military service period; and (d) the Defendant appears to have been able to live in the same manner

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