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(영문) 수원지방법원 안산지원 2016.02.12 2016고단16
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 8, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support of Ansan Frigwon, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) on December 8, 2014, in the support of Ansan Frigwon, respectively.

On November 27, 2015, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more occasions, driven a BAWD car in the state of alcohol concentration of about 0.193% in the 300-meter section from the street of the new culture in Sincheon-si, Sincheon-si to the 42-day roads in Sinung-si, Sinung-si, Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Legal and chemical appraisers;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reduction of volume (The following extenuating circumstances) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, the suspension of execution (the following extenuating circumstances), which is considered as the reason for sentencing:

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had a drinking again after having been issued two times a summary order due to drinking driving, but the criminal liability is not less than that of drinking again. However, the defendant's mistake is divided and reflected, and the defendant's age, occupation and family relation are considered favorable circumstances indicated in the records of this case, such as the defendant's age, occupation and family relation.

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