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(영문) 수원지방법원 안산지원 2019.10.10 2019고단2694

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 September 5, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Suwon District Court, etc. On May 15, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court. On December 15, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

【Criminal Facts】

Although the Defendant had the record of violating drinking driving regulations more than twice, on June 6, 2019, the Defendant driven a DNA car while under the influence of alcohol leveling 0.10% of alcohol level 0.10% on the front side of C in Silung-si B at Silung-si, Silung-si around 00:21.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes, such as judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Taking into account all the circumstances, such as the fact that the defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, can have the same criminal records several times as stated in its reasoning, and that the defendant