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(영문) 수원지방법원 안산지원 2016.02.19 2016고단120
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 9, 2009, the Defendant has been punished for a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving in drinking), and on April 26, 2013, a violation of the Road Traffic Act (driving in drinking) in the support for the development of a water source method.

Despite the fact that the Defendant had been punished for drinking twice or more, the Defendant driven a B e-mail car under the influence of alcohol with approximately 0.152% of alcohol concentration in blood 0.152% from January 15, 2016 to the 194-day road from the Do in front of the Dong-dong store name of the member in Ansan-si on January 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of drinking control and recording thereof;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has been led to his/her previous convictions and twice, the defendant

1. It is so decided as per Disposition for reasons of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.

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