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(영문) 수원지방법원 안산지원 2015.11.24 2015고단1979
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

Punishment of the crime

On February 22, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Daegu District Court and the Busan District Court on February 1, 2012, and a summary order of KRW 3 million as a fine for the same crime from the Busan District Court and the Dong Branch.

On April 22, 2015, at around 20:45, the Defendant started driving approximately 1 km from the front side of the area where the cM3 car owned by the Defendant was 0.168% of alcohol concentration in blood alcohol level, starting from the front side of the cM3 car flow in Ansan-si, Ansan-si, and driving approximately 1km to the front side of the 120-way street at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a traffic accident and a record of drinking measurement;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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