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(영문) 수원지방법원 안산지원 2019.05.29 2019고단782
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 February 22, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court, and on September 21, 201, a summary order of KRW 1 million as a fine at the Suwon District Court was issued on September 21, 201.

On February 25, 2019, at around 00:47, the Defendant driven a B low-speed car with the blood alcohol concentration of about 0.083%, from around 3km to the roads prior to the death distance of the Water Resources Corporation located in 1633.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2 of the Criminal Act, criminal records of the defendant, blood alcohol concentration, driving distance, etc.

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