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(영문) 수원지방법원 안양지원 2020.04.23 2020고단181

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 October 30, 2009, the Defendant issued a fine of one million won to the Cheongju District Court for a violation of the Road Traffic Act (driving) and two million won to the Seoul Southern District Court for the same crime on December 15, 2009.

【Criminal Facts】

On December 26, 2019, around 22:23, the Defendant driven an E K7 vehicle while under the influence of alcohol with approximately 0.097% alcohol concentration from the 1km section from the Manan-gu B apartment C to the front of the D apartment in the same city from the Manan-gu Seoul Metropolitan City to the front of the D apartment.

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. A fact-finding survey report, on-site photographs, closure of video data, notification of the results of drinking driving control, statement of suspect card cards, investigation report (applicable to a reduction per hour), and written agreement;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (same criminal records against suspects);

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;