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(영문) 수원지방법원 안산지원 2017.02.16 2016고단3959
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

[criminal history] On August 22, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon method, and on May 25, 2011, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On September 25, 2016, the Defendant driven a sports cargo vehicle at the level of about 0.154% alcohol level in the 3km of the blood alcohol level from the front of the 705-4 Mansan-dong Mansan-dong, a member of Ansan-si, to the front of the 19:40 on September 25, 2016, while under the influence of alcohol leveling to about 0.154% in the front of the 3km-dong Man-dong, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a records of drinking alcohol measurement, and a statement of the circumstances of drivers of alcoholic beverages;

1. On-site photographs;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, (A) and of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (any other unfavorable circumstances, such as the fact that the defendant has been punished for the same kind of crime several times, and that the blood alcohol concentration in the blood has reached 0.154% at the time of committing the instant crime)

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal history exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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