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(영문) 수원지방법원 안산지원 2019.03.27 2019고단98
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 19, 2015, the Defendant was sentenced to a summary order of 6 million won by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on March 11, 2015, and on March 11, 2015, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Seoul Western District Court on February 19, 2015.

On December 9, 2018, around 03:12, 2018, the Defendant driven the D rocketing car with the blood alcohol concentration of about 0.153% in the section of about 17 km from the front of Seocheon-si B to the front road of Sinung-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Other relevant photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Binding records of the same type and the binding of judgment, etc.);

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. Consideration of all the circumstances, such as the fact that the criminal records of the same kind of reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the degree of blood alcohol concentration, driving distance, etc.

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