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(영문) 수원지방법원 안양지원 2020.01.31 2019고단2234

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 24, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on October 24, 2014.

【Criminal Facts】

On October 17, 2019, around 22:30 on October 17, 2019, the Defendant driven CM7 car under the influence of alcohol concentration of about 0.043% in the area of approximately 6km from the 6km section of the mountain basin located in the Sinpo-si, Sinpo-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Copy of the circumstantial statement of the employer, and copy of the investigation report (the circumstantial report of the employer).

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Punishment, etc. of Criminal Crimes) (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Punishment, etc. of Criminal Crimes, in the event

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;