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(영문) 수원지방법원안양지원 2020.10.08 2020고단1159

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 November 11, 2013, the Defendant was issued a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on November 1, 2013.

【Criminal Facts】

At around 20:50 on March 24, 2020, the Defendant driven a C body-man car under the influence of alcohol with about 9k alcohol concentration of about 0.146% from the section of approximately 9k alcohol level to the point at which 121km away from the front of the B market located in Ansan-si, Chungcheongnam-si, Cheongdo-si.

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. Reports (1), (2) on traffic accidents;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. On-site photographs related to accidents;

1. Investigation reports (demark);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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;