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(영문) 수원지방법원 안산지원 2016.05.11 2016고단888
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 19, 2007, the Defendant received a summary order of KRW 700,000 from the Cheongju District Court to a fine of KRW 700,00 for a crime of violating the Road Traffic Act, and on September 25, 2009, a summary order of KRW 2,00,000 for a fine of KRW 2,00 for the same crime from the support for the development of water sources.

On March 11, 2016, the Defendant started from the 24-6mmal fluencing in Ansan-si, Ansan-si around 23:03 on March 11, 2016, and driven B rocketing car flusing around 0.188% of alcohol content in blood while under the influence of alcohol at around 705 et al. on the same coast.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A written appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to a report on investigation (a).

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s age, sexual behavior, environment, background of the instant crime, circumstances after the instant crime, etc. is deemed to be inconsistent with the reason of sentencing under Article 62-2 of the Criminal Act, which reflects the community service order and order to attend a lecture, and is highly alcohol content in blood;

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