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(영문) 수원지방법원 안산지원 2016.04.27 2016고단648
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million for the same crime in the same court on February 6, 2015.

On December 26, 2015, around 23:52, the Defendant driven B L-car under the influence of alcohol content of about 0.075% during blood while under the influence of alcohol at a section of about 5km in front of the gas station at 813 Cheongdo, Nam-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver in charge of the primary driving;

1. Written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspended execution;

1. The criminal records of the same kind, which reflects the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, sex, environment, the background of the instant crime, circumstances after the instant crime, etc.

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