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(영문) 수원지방법원 2019.05.23 2019고단800
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 August 30, 2013, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 3.5 million for a violation of the Road Traffic Act, and on April 22, 2015, the Defendant received a summary order of KRW 3.5 million from the Suwon District Court to a fine of KRW 3.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant violated the prohibition regulations on drunk driving more than twice as above, on January 21, 2019, the Defendant again driven a F-to-purd vehicle with a blood alcohol concentration of about 0.149% from a 50-meter section from the front of C in Suwon-si, Suwon-si, Suwon-si, to the front of E in the same Gu, at approximately 500 meters away from the road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Records of blood alcohol concentration;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures shall be determined by selecting imprisonment and punishing a person in consideration of the fact that the defendant had been punished twice from 2013 or for drinking driving again, despite the fact that he/she had a record of driving under drinking again, and the probation shall be suspended considering the fact that the defendant had no record of punishment exceeding the fine

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.

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