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(영문) 수원지방법원 안산지원 2016.12.21 2016고단4201
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 August 28, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 28, 2009, and KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 18, 201.

On October 29, 2016, around 04:30 on the roads near Yeonsu-gu Incheon Metropolitan City, the Defendant driven a BL car while under the influence of alcohol concentration of about 0.091% at the 25km section from around 25km to the inside side of the 20km-gu Incheon Metropolitan City Highway.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Results of measurement of drinking;

1. Scenic photographs of the control site;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (attached to a copy of summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;

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