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(영문) 수원지방법원 안산지원 2015.09.02 2015고단2006
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 21, 2008, the Defendant was issued a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of Suwon District Court on February 21, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on July 7, 201.

On June 20, 2015, at around 11:47, the Defendant driven a Grand Mozon with a blood alcohol content of about 0.174% at a section of approximately 200 meters from the front day of the Yaembae-dong, Ansan-si, Ansan-si, to the front road of the Yaemba-6, Ansan-si, Annsan-si, Annsan-si, the Defendant was under the influence of alcohol content of 0.174%.

As a result, although the defendant was punished for the violation of the Road Traffic Act at least twice, he/she was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Place where the drinking alcohol measurement is recorded;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: References to criminal records, references to criminal records, and application of Acts and subordinate statutes reporting the results of confirmation;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, circumstances leading to the instant crime, etc.;

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