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(영문) 수원지방법원 안산지원 2014.08.13 2014고단1407
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

Criminal facts

On August 31, 2007, the defendant has been punished for a violation of the Road Traffic Act (driving) and a fine of one million won at the Seoul Western District Court on April 10, 2009, and a fine of one million won at the Suwon District Court on April 10, 2009.

On May 30, 2014, at around 01:25, the Defendant driven Bland in the Bland under the influence of alcohol content of about 0.205% from the Do in front of the Yachi-dong Yachi-dong Yachi-dong Yachi-dong Yachi-dong at the same time to the shooting distance from the Do in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the proper launch of a driver, a report on blood alcohol appraisal, and an investigation report (demark);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. The crime of this case for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is a case where a defendant drives a vehicle in drinking condition, and the defendant is not aware of the fact that he had been subject to punishment twice prior to drinking driving, and at the same time, commits the crime of this case without being aware of the fact that the defendant committed the crime of this case, the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant has no penalty power exceeding fine, and all of the favorable circumstances such as the defendant has no penalty power beyond fine, and the sentencing conditions as set forth in the

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