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(영문) 수원지방법원안양지원 2020.10.08 2020고단1179

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2007, the Defendant was issued a fine of one million won as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on September 3, 2007.

【Criminal Facts】

On May 27, 2020, at around 08:35, the Defendant driven a C-hurd-hurged car under the influence of alcohol concentration of 0.035% in a four-meter section within the G-si B apartment parking lot.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;