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(영문) 수원지방법원 안산지원 2019.10.11 2019고단2768
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 December 14, 2015, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong Site on December 14, 2015.

On June 30, 2019, the Defendant, while under the influence of alcohol 06:02, driven a rocketing car from around 500 meters away from the restaurant around which it is difficult to find out the trade name in the Daedong Samsung-dong, Taedong-dong, and up to the road adjacent to C High School in the same Gu B.

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. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of the same type of suspect records)-related Acts and subordinate statutes;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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