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(영문) 수원지방법원 안산지원 2014.09.23 2014고단1170
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 31, 2008, the Defendant was sentenced to a suspended sentence of one year for six months at the Seoul Southern District Court on March 19, 2010, for the following reasons: (a) the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan Southern District Court's Branch on January 31, 2008; and (b) the Defendant was sentenced to a suspended sentence of one year in June.

On May 12, 2014, at around 01:37, the Defendant driven a DNA-benz car under the influence of alcohol content 0.172% from the 7km section to the 243-17 claim apartment complex, the Defendant was under the influence of alcohol from the 7km section to the 243-17 claim apartment.

On January 31, 2008, the Defendant was sentenced to a suspended sentence of one year for six months at the Seoul Southern District Court on March 19, 2010, for the following reasons: (a) the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act ( sound driving) at the Busan Southern District Court's Branch on January 31, 2008; and (b) the Defendant was sentenced to a suspended sentence of one year in June.

On June 8, 2014, at around 10:46, the Defendant driven a motor vehicle E, under the influence of alcohol content of 0.093% at a section of approximately 1.5 km from the Do of Jung-gu Incheon Metropolitan City, Jung-gu to the roads in front of the Northwest-dong, Jung-gu, Incheon.

Summary of Evidence

"2014 Highest 1170"

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (attached reporting, such as summary orders, etc.);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the situation of drinking drivers;

1. Previous records before ruling: Application of criminal records, investigation reports, and criminal records, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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