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(영문) 수원지방법원 안양지원 2019.05.31 2019고단556

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 25, 2005, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, on February 22, 2007, a summary order of KRW 1 million for the same crime in the Suwon District Court, and on May 13, 2009, a fine of KRW 4 million was imposed at the Seoul Southern District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 25, 2019, around 21:50, the Defendant driven a DSS6 car in the state of alcohol of about 0.195% of alcohol concentration from the 1k section of blood alcohol concentration from the Jang-si B apartment parking lot to the front road of Ansan-si during Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

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

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. 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 Act on the Punishment, etc. of Drinking Water) (Article 62 (1) of the Act on the Punishment, etc. of Drinking Water that has served three times a fine due to

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