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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3498
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving), a fine of 3 million won as a crime of violating the Road Traffic Act (drinking driving), a fine of 3 million won as a crime of violating the Road Traffic Act (drinking driving), a fine of 3 million won as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon on September 19, 2008, and a fine of 3 million won as a result of a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon on October 30, 2009, from the Suwon Friwon on July 11, 2012.

On September 30, 2015, the Defendant driven a DV cruise car at approximately 50 meters away from the vicinity of the Han River Station located in Ansan-si, Ansan-si, Seosan-si to the front side of the apartment site in Ansan-si, 34 meters away from approximately 50 meters away from the 50-meter section of the blood alcohol concentration to the upper side of the apartment site in Ansan-si, Ansan-si.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol and driving a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment), and application of the text of the judgment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for sentencing under Article 51 of the Criminal Act are all taken into account, such as the following: (a) the Defendant’s previous convictions related to traffic, including four drinking drivers, are contrary to the Defendant’s mistakes; (b) the circumstances are to be taken into account in the course of the crime; (c) the occurrence of the accident at the time of the instant case; and (d) the Defendant’s social relation is obvious.

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