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(영문) 수원지방법원 안산지원 2015.10.02 2015고단2565
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

On October 10, 2006, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on June 3, 201, a summary order of KRW 2 million for the same crime at the Seoul Southern District Court.

On July 16, 2015, the Defendant driven a blood alcohol concentration of 0.086% from around 930 meters to the front road in the middle Haak-dong, Haak-dong, Haak-dong, Haak-dong, Haak-dong, Haak-dong, to the front road of the same city, at approximately 200 meters to the front road. The Defendant driven a B low-speed car with alcohol content of 0.086% under the influence of alcohol to this extent.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. A copy of a drinking-free measuring instrument;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (reports accompanied by copies of summary orders of identical crimes of a suspect);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;

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