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(영문) 수원지방법원 안산지원 2014.10.01 2014고단2240
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

Criminal facts

The defendant has been punished by notification of each summary order of KRW 5 million on September 22, 2006 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act on June 20, 2013.

On October 23, 2014, the Defendant driven a B-hand car with the blood alcohol concentration of at least 0.160% 0.160% under the influence of alcohol at approximately 50 meters from the 16th Do to the 16th 7th Do in Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, 16th Do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. The crime of this case for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is a case where a defendant drives a vehicle in drinking condition, and the defendant is not aware of the fact that he had been subject to punishment twice prior to drinking driving, and at the same time, commits the crime of this case without being aware of the fact that the defendant committed the crime of this case, the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant has no penalty power exceeding fine, and all of the favorable circumstances such as the defendant has no penalty power beyond fine, and the sentencing conditions as set forth in the

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