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(영문) 수원지방법원 안산지원 2019.03.20 2018고단4622
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 3, 2009, the Defendant was sentenced to a fine of 2,00,000 won for a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on June 3, 2009, and was sentenced to a summary order of 2,50,000 won for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on August 30, 2017, and was sentenced to a fine of 2,50,000 won for a violation of the Road Traffic Act on at least two occasions.

On August 5, 2018, the Defendant, while under the influence of alcohol 09:14%, driven a motor vehicle with 2 km B App-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. A previous conviction in judgment: An inquiry letter, summary order, and application of 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 criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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