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(영문) 수원지방법원 안산지원 2019.02.13 2018고단4446
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on November 29, 2012, a summary order of KRW 2 million for the same crime in the same court on January 24, 2013, and a summary order of KRW 5 million for a violation of the Road Traffic Act in the same court on May 22, 2013.

On December 8, 2018, at around 22:07, the Defendant driven Csch Rexton vehicles under the influence of alcohol concentration of about 4 km from the front of the cafeteria located in Ansan-si to the front of the Sinsi-si, Ansan-si, the Defendant driven Cschton vehicles at approximately 0.069%, while under the influence of alcohol concentration of about 0.069%.

Summary of Evidence

1. Defendant's legal statement;

1. A drinking output paper;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

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

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the fact that the defendant has a previous conviction for the same kind of crime, the degree of alcohol concentration in blood, the circumstances of drunk driving, and distance) or more;

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