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(영문) 수원지방법원 안산지원 2016.03.09 2015고단3667
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 21, 2014, the Defendant was issued a summary order of KRW 1,00,000,000 by the Seoul Southern District Court on March 28, 2014 due to a crime of violation of road traffic law (drinking) in the support for the safe flow of water sources, and a fine of KRW 5 million by the Seoul Southern District Court on March 28, 2014.

On July 3, 2015, the Defendant driven B-low-scale car under the influence of alcohol content of about 0.071% in a section of about 500 meters from the front of the Han River in the front of the Handong-gu, Ansan-gu, Ansan-si, Annsan-si to the front of the 460-ro 4, 460 (Sadong-dong) apartment complex of the same Gu to the front of the 500-meter road.

As a result, the Defendant had been punished for a violation of the Road Traffic Act (drinking driving) more than twice, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement under the circumstances of a driver who takes one week in a record of drinking measurement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

1. Relevant Article of the Act and 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. From six months to one year and six months of the applicable sentences;

2. The age, sex and environment of the defendant, and the circumstances, etc. of the crime of this case, which reflects the decision of the sentence of this case.

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