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(영문) 수원지방법원 안산지원 2014.06.19 2014고단833
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On February 28, 2014, at around 00:50, the Defendant driven a B low-speed car with approximately 10km alcohol concentration of about 0.256% in a section of about 10km from the roads near the Sinsidong Sin Sindong Tourist Hotel in the Gyeonggi-si, Singu, to the front road of the Sin Automatic Military Highway Gunn Highway.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as inquiry into the results of the control of drinking driving, reporting on the state of driving under the influence of alcohol, report on the state of driving under the driving under the influence of alcohol, investigation report, and written

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for the sentencing below) are as follows: (a) it is impossible for the defendant to have established a summary order of KRW 3 million for the same crime; and (b) the case of the crime of this case driving a motor vehicle under the influence of alcohol of KRW 0.256% again on one month only; (c) however, the defendant reflects the defendant's mistake; (d) there is no penalty power other than twice the fine; and (e) the defendant has no other penalty power, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case; and (e) the punishment is determined as ordered by the text.

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