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(영문) 수원지방법원 안산지원 2020.04.22 2020고단157

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 9, 2013, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch.

Although the Defendant violated Article 44(1) of the Road Traffic Act once as stated in the above criminal records, the Defendant driven a DNA 2 truck with a blood alcohol concentration of about 0.238% from the 100-meter section from the front side of the member-gu in Ansan-si to the front road of the above C at around 00:09 on December 15, 2019, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the timing, frequency, and contents of the previous punishment for drunk driving for sentencing under Article 62-2 of the Criminal Act, and the blood alcohol concentration in the instant case;