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(영문) 수원지방법원 안산지원 2019.03.27 2019고단105
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 September 9, 2008, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine from the Busan District Court's Branch Branch on August 5, 2016 to the same

On September 5, 2018, at around 21:45, the Defendant driven the E-blade car in a state of 0.135% blood alcohol concentration in the section of approximately 500 meters from the front to the front of the D elementary school located in Sinsi-si, Sinsi.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, repeated statements, and 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, including the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.;

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