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(영문) 수원지방법원 안산지원 2020.02.05 2019고단4475
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2011, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch.

On October 3, 2019, at around 23:57, the Defendant driven a Cpoter II vehicle under the influence of alcohol content of about 0.168% in the section of about 5km from the French land (hereinafter referred to as the “Spool”) to the front road of Sinpo City, Sinpo-si, Sinpo-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of criminal records of the same kind;

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. Article 62 (1) of the Criminal Act;

1. When sentencing under Article 62-2 of the Criminal Act is imposed for driving under the previous influence of alcohol, the period, frequency, and contents of the punishment, and the degree of blood alcohol concentration in the instant case;

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