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(영문) 수원지방법원 안산지원 2016.12.08 2016고단1277
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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] On January 10, 2012, the Defendant received a fine of seven million won due to a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on January 10, 2012, and a summary order of 2.5 million won due to a violation of the Road Traffic Act (driving) at the same court on December 7, 2010.

【Criminal Facts】

On March 24, 2016, at around 18:50, the Defendant driven Cystex car with 2 km in the state of alcohol alcohol concentration of 0.157% from the front of the Women's Center located in Sinsi-dong 1800-7 to the front road of the 1265 U.S. industry.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a detention center is recognized, including the fact that the defendant has failed to appear for a long time on the date of this court’s sentence, and that the defendant has a criminal record of the same kind of crime in the future. On the other hand, the defendant is held in a detention center for about one week, and the defendant has not been sentenced to imprisonment or more until now, and the sentence is determined as ordered in consideration of all the circumstances.

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