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(영문) 수원지방법원 안산지원 2019.01.23 2018고단4084

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power of Crimes】 On October 28, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch on October 28, 2008, the summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on April 17, 2013, and the summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the same court on December 2, 2014, respectively.

【Criminal Facts】 Although the Defendant had the record of the violation of drunk driving twice or more, on November 20, 2018, 202:35, the Defendant driven B rocketing car while under the influence of alcohol alcohol concentration of about 0.195% from the 1km section of approximately 1km from the road near the Ansan Station located in the city of Ansan-si to the water resource construction site located in the city of Ansan-si from the center of the city of Ansan-si to the road in front of the shooting distance of the Water Resources Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant is led to confession and reflect,

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;