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(영문) 수원지방법원 안산지원 2019.05.15 2019고단922
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 26, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on November 26, 200, and a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on April 14, 2010.

On March 13, 2019, at around 23:11, the Defendant driven a F Abeo car with a volume of 15 meters from the Do in front of the C cafeteria located in Heung City B to the front of the E cafeteria located in D while under the influence of alcohol of 0.138% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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, 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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