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(영문) 수원지방법원안산지원 2020.11.20 2020고단2296
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 January 3, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on January 3, 2008, a summary order of KRW 2 million for the same crime at the Seoul Central District Court on June 11, 2008, and a summary order of KRW 7 million for the same crime at the Seoul Central District Court on September 4, 2014.

At around 22:40 on May 14, 2020, the Defendant driven CK7 car while under the influence of alcohol with approximately 0.149% of alcohol concentration in the 4km section from the Seocheon-si Civil Athletic Site to the front road of Siung-si, Seocheon-si. B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment (not less than four times the same kind of power, which are higher than the volume of drinking water);

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

1. Article 62 (1) of the Criminal Act (at least 10 years, in case of three cases of the same kind of electric power);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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