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(영문) 수원지방법원 안산지원 2019.11.27 2019고단3417
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

On May 10, 2016, the defendant was issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on May 10, 2016.

On August 29, 2019, around 00:11, the Defendant driven BM5 car under the influence of alcohol concentration of approximately 0.207% from the 2km section from the scar in Ansan-si to the scarcity 50 to the scarke-si in Ansan-si and the front of the sports park.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

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. Article 62 (1) of the Criminal Act;

1. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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