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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2627
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 July 22, 2011, the Defendant issued a summary order of two million won for a violation of the Road Traffic Act at the Seoul Central District Court on July 2, 201, and two million won for a fine at the Ansan District Court on December 23, 2013.

On July 9, 2019, at around 01:20, the Defendant driven a DNA SM5 vehicle from the frontway B in Ansan-si to the front direction of the same Gu, under the influence of alcohol level of 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (verification of video-recording devices of vehicles and driving distance for drinking).

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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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