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(영문) 수원지방법원 안산지원 2019.05.22 2019고단1075
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 November 24, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a penalty for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong District Court’s site site on November 24, 2008, and a fine of KRW 3,000,000 as a penalty for a violation of the Road Traffic Act from the Suwon District Court’s Ansan Branch on August 30, 2010.

On March 17, 2019, at around 16:15, the Defendant driven a motor vehicle with 2m a volume C Sptyp vehicle according to the front road of Ansan-si, Ansan-si, under the influence of alcohol level of 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the result of measurement of drinking alcohol;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

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. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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