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(영문) 수원지방법원 안산지원 2019.11.28 2019고단2868

도로교통법위반(음주운전)

Text

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

[criminal power] On October 6, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court as well as a summary order of KRW 4 million for the same crime. On January 17, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

Although the Defendant had the record of violating drinking driving regulations as above, the facts charged around 00:24 on July 11, 2019 constituted “0:29” but such recognition is given.

From the front of the main station located in Ansanyang-si, Ansan-si, to the front road located in the Sinyang-si B, DPoter cargo vehicles were driven under the influence of alcohol concentration of about 6.5 km and about 0.169% under the influence of alcohol concentration of about 6.5 km.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A drinking output paper;

1. Previous convictions in judgment: Criminal history records, etc., references to inquiries, undispositions, reports on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act in the suspension of execution (including the absence of force exceeding the fine);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;