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(영문) 수원지방법원 안양지원 2019.03.26 2018고단2082
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 April 28, 201, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving on a sound driving) from the Suwon District Court, and on June 9, 2011, the Defendant received a summary order of KRW 2 million for the same crime from the same court.

【Criminal Facts】

On November 25, 2018, the Defendant violated the provision prohibiting drunk driving twice or more, and driven a D car under the influence of alcohol with approximately 0.8km alcohol concentration of about 0.059% at the section of approximately 1.8km from the Do near the Manan-gu B market at Ansan-si to the front road of the same Gu C apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, which leads to a traffic accident and is highly likely to cause serious human and physical damage, and the defendant, even though he had already been punished several times due to drunk driving, is driving at the same time, shall determine the sentence as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc.

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