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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3086
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 Power】 On December 11, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court, and a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court on November 1, 2013, respectively.

【Criminal Facts of Crimes】 On August 7, 2016, the Defendant driven a B Sti-type car with approximately KRW 300 meters at a level of alcohol alcohol level of about 0.169%, while drunk from the front day of the Ya-dong, Ansan-si, Ansan-si, the upper day of the Esti-gu, Ansan-si, to the front day of the 262nd road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and 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 at the time of the instant crime reaches 0.169%)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal records exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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