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(영문) 수원지방법원 안산지원 2020.02.13 2019고단4518
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

[criminal power] On October 19, 2007, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 2,00,000,000 as a crime of violation of the Road Traffic Act, and on November 3, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch.

【Criminal Facts】

On November 21, 2019, at around 22:58, the Defendant driven an Egyptian vehicle under the influence of alcohol content of about 0.124% at a section of approximately 200 meters from the Do adjacent to the Magdae-gu, Ansan-si D to the road adjacent to Ansan-si D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, results of inquiry, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of criminal records of a suspect);

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

1. Article 62 (1) of the Criminal Act;

1. All the circumstances, including the fact that the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has been sentenced to a fine for drinking alcohol twice, the fact that the blood alcohol concentration is high, while recognizing a mistake, etc.

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