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(영문) 수원지방법원 성남지원 2020.02.04 2020고단34
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 October 11, 2006, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (driving) from the Sung-nam branch of Suwon District Court.

On December 24, 2019, at around 22:42 on December 24, 2019, the Defendant driven D rocketing car under the influence of alcohol concentration of about 0.085% from the 1km section to the front of the Gwangju City, at around 1km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on investigation, and report on investigation results;

1. Report on the circumstantial statements of a drinking driver, notification of the control of drinking driving, and report on the situation of drinking driving;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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