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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3301
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

On April 8, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on April 8, 2008. On December 26, 2008, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On January 25, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the same court.

On September 4, 2016, at around 06:58, the Defendant moved to drive a vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.111% from the center in front of the central station located in Ansan-si, Ansan-si to the front road located in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the circumstantial statement of a drinking driver;

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, copies of judgment, and copies of each summary order;

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

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