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(영문) 수원지방법원 안산지원 2019.07.12 2019고단1209
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 July 10, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court, and on September 9, 201, a summary order of KRW 2,00,000 as a fine was issued for the same crime in the Suwon District Court’s Ansan Branch of Suwon District Court.

【Criminal Facts】

On March 25, 2019, at around 00:16, the Defendant driven CK5 cars with approximately KRW 200 meters alcohol concentration 0.114% in the section of approximately 200 meters, from the roads adjacent to Silung-si, B, to the roads adjacent to 1633 Water Resources Corporation.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the circumstances), output, and inquiry into the results of the crackdown on

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the operation of drinking alcohol while having been punished twice due to drinking alcohol operation are recognized as crimes and reflected: the fact that there is no record of crime exceeding the fine, and the fact that there is no record of crime exceeding the fine, and other various sentencing conditions shown in the trial process including the defendant's age, character and behavior, environment and circumstances after the crime, etc. shall

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