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(영문) 수원지방법원 안산지원 2019.03.27 2018고단4744
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

The Defendant, at the Suwon District Court on June 19, 2013, received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving under the influence of alcohol) and received a summary order of KRW 2.5 million from the Suwon District Court on July 26, 2018 to a fine of KRW 2.5 million for the same crime, and was in violation of the Road Traffic Act on at least two occasions.

On November 25, 2018, at around 01:00, the Defendant driven a car with the horses at the 15km section from the 2nd parking lot of the Suwon-dong, Sinsan-si, Sinsan-si, Sinsan-si, with a blood alcohol concentration of 0.107%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records and 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 and the criminal records of the defendant and the blood alcohol concentration;

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