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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2686

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 December 6, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 6, 2017.

【Criminal Facts】

On July 11, 2019, at around 23:48, the Defendant driven a DM5 car in the state of alcohol alcohol concentration of about 0.070% from the 3km section to the front road of the sports park located in the same 2158 from the C neighboring road in Silung City B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Foreign crime and investigation experience data inquiry, and application of summary order-related Acts and subordinate statutes;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.