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(영문) 수원지방법원 안양지원 2020.05.14 2020고단55
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

On April 25, 2003, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court on April 25, 2003; on April 16, 2010, a summary order of KRW 1,500,000 for a fine for the same crime; on May 6, 2015, a summary order of KRW 4 million for the same crime at the Ansan Branch of the Suwon District Court.

On October 30, 2019, around 00:30, the Defendant driven Esch Rexroth vehicles with approximately 300 meters alcohol concentration 0.056% under the influence of alcohol level from the front of the C Station located in Ansan-si B to the front of the D Apartment-si apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Consent to blood collection, written confirmation, and notification of the control results of drinking driving;

1. A written appraisal request and a written appraisal of blood alcohol;

1. Previouss before ruling: Application of Acts and subordinate statutes attaching criminal records, repeated statements and summary orders of the same kind of power;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation, community service order, and order to attend a lecture 【Scope of the applicable sentences under the law’s sentencing of Article 62-2 of the Criminal Act / [The sentence of sentence of one year to two years] Imprisonment with prison labor / One year, and two years under the suspension of execution / The defendant of three years under the suspension of execution / her execution / her execution / her imprisonment with prison labor / her first criminal facts as stated in the judgment / her first criminal facts / her imprisonment with prison labor / her imprisonment her one year, and her imprisonment / her imprisonment her imprisonment with prison labor / her imprisonment her imprisonment / her second sentence her to

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