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(영문) 수원지방법원 안산지원 2016.12.21 2016고단4209
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 14, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and was punished by a fine of seven million won for the same crime on May 21, 2013 in the Ansan Branch of the Suwon District Court.

On October 16, 2016, at around 23:45, the Defendant driven BNEW EFstet or another car with approximately 5km from the front of the Permanent Institute of Agricultural and Fishing Villages in Ansan-si to the roads front of the 829 Mandog, as the center of the city members, to the road front of the 829 Mandog-gu, Ansan-si, the Defendant driven a nFst or other car while under the influence of alcohol content of about 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's age, character and conduct, environment, background of the crime of this case, circumstances after the crime, etc. are committed, etc. that reflects the reasons for sentencing under Article 62-2 of the Criminal Act;

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