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(영문) 수원지방법원 안양지원 2019.03.26 2018고단2085
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 March 26, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 2 million for a violation of the Road Traffic Act (driving). On December 23, 2016, the Defendant received a summary order of KRW 2 million from the Suwon District Court’s Ansan Branch as the same crime.

【Criminal Facts】

On November 23, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven a B-hand motor vehicle under the influence of alcohol with approximately 0.089% alcohol concentration at approximately 5km from the Do in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed 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 shall be sentenced to punishment as ordered in consideration of various conditions of sentencing, including the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., and the fact that the defendant has already been punished twice due to drinking driving, even though he had the record of punishment twice due to drinking driving

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