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(영문) 수원지방법원 안산지원 2020.01.15 2019고단4053

도로교통법위반(음주운전)

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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 November 5, 2014, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, at the Sung-nam branch of Suwon District Court.

Although the Defendant had the record of violating the alcohol driving, on July 7, 2019, around 00:26, the Defendant driven a B-ro car under the influence of alcohol concentration of 0.098% on the front side of the Geumjin-ro 34, Geumjin-gu, Geumjin-gu, Geumjin-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the control of drinking driving, and the details of drinking output;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of previous dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. All circumstances including the timing, frequency, and contents of the previous punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol level in the instant case, and the fact that an accident leading to the shock of traffic facilities has been caused by drunk driving;