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(영문) 수원지방법원 안양지원 2015.01.16 2014고단1752
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 27, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court, and a fine of KRW 2 million for the same crime at the Ansan District Court on October 8, 2013, respectively.

On October 23, 2014, around 23:48, the Defendant driven a chip car under the influence of alcohol concentration of approximately 0.207% at a section of about 1k from the roads in front of the Gunpool Station located in the Siposi, Sipo-si, Sipo-si to the roads in front of the Gunpo-si Hospital located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the driver from the owner of the motor vehicle;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Taking account of taking lectures and the records of drinking alcohol driving, the degree of taking a driving, etc. in sentencing under Article 62-2 of the Criminal Act, Defendant shall be punished strictly, but considering the fact that Defendant is against the crime and there is no record of criminal punishment other than the fine, the punishment as set forth in the order shall be determined.

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