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(영문) 수원지방법원 안산지원 2015.05.19 2015고단738
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

Criminal power has the record of issuing a summary order of a fine of KRW 2.5 million in the Suwon District Court on November 20, 2008 as a crime of violation of the Road Traffic Act, and a fine of KRW 2 million in the same court on July 26, 2013.

Criminal facts

On February 26, 2015, at around 23:30, the Defendant driven B rocketing car at a 500-meter radius from the front side of the vertang-dong 49 BYYY YYYY 1800-1, under the influence of alcohol with a blood alcohol content of 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. Place of output of drinking results, notification of the results of the drinking driving control, and photographs of drinking driving sites;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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