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(영문) 수원지방법원 안산지원 2013.10.31 2013고단2385
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2012, the Defendant was notified of a summary order of a fine of three million won by the Seoul Southern District Court for a violation of the Road Traffic Act.

2. On September 30, 2013, at around 15:50, the Defendant driven a B Coston Sheet under the influence of 0.206% of the blood alcohol concentration at a section of about 5km from the front of soup, soup, so that it is impossible to find out the trade name located in the new road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident inspection report, a traffic accident occurrence report, a report on the detection of a drinking driver, a circumstantial statement of a drinking driver, a report on the measurement results of drinking, a vehicle photograph and a written statement;

1. Criminal records, US records, and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the overall circumstances, such as the fact that the defendant repents his mistake in depth);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies to the defendant, which has been in the same division as the defendant, and the nature and circumstances of the crime in this case are significant considering the contents of the crime in this case; however, there are no criminal records of the suspension of execution or heavier punishment against the defendant; the defendant does not have any criminal records of the crime in depth; the defendant has a clear social ties relationship with the defendant; the detention of the defendant entails excessive difficulty for his dependants; and all other circumstances

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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