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(영문) 수원지방법원 안산지원 2015.04.08 2015고단155
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 March 31, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on October 11, 201, respectively, for the same crime.

On November 13, 2014, at least 05:45, the Defendant was a person who violated the Road Traffic Act due to a drunk driving twice or more, and driven B low-speed car with approximately approximately 200 meters alcohol content 0.159% under the influence of alcohol in the front distance from the 200-meter section of the Central Elementary School located in Ansan-si, a member of Ansan-si to the front distance in front of the Central Elementary School located in the same 673-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to written appraisal;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the probation and order to attend the course is contradictory to the punishment, the fact that there is no criminal record of a fine or heavier: The fact that there is a previous violation: the age, sex, occupation and environment of the defendant, the circumstances leading to the instant crime, etc. before and after the crime;

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