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(영문) 수원지방법원 안산지원 2019.08.13 2019고단1278
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] On November 1, 2007, the Defendant issued a summary order of a fine of two million won at the Seoul Northern District Court for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 1, 2007, and on October 21, 2013, a summary order of a fine of three million won for the same crime from the vice branch of the Incheon District Court on October 21, 201, respectively.

【Criminal Facts】

On March 13, 2019, at around 00:00, the Defendant driven C Carpon in the section of approximately 2 km from the influoral fluoral fluor of Ansan-si to the front road of the same Gu, while under the influence of alcohol by 0.08% of blood alcohol level.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. [Place of notification of the result of controlling drinking driving and of recording the measurement of drinking alcohol]

1. Previous records of judgment: Criminal records and other inquiries, and the application of written judgments and statutes;

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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act has two times of the same crime, and one-time punishment for driving without a license, however,

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

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