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(영문) 수원지방법원 안산지원 2020.01.08 2019고단4036
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 November 25, 2016, the Defendant received a summary order of KRW 6 million for a fine for the violation of the Road Traffic Act, etc. from the Suwon District Court's Ansan Branch on November 25, 2016.

On July 4, 2019, at around 23:30, the Defendant driven B Poter truck with a blood alcohol concentration of about 0.186% at the section of approximately 3.6 km from the fl3.6km to the flive road of the old new Heansan-dong Housing Site located in Ansan-si, Nowon-gu, Seoul to the 3.6km-gu.

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. Making a report on the measurement of drinking, and making a report on the control of drinking driving;

1. Previous convictions in judgment: He/she shall refer data about foreign crimes and investigation records, and apply Acts and subordinate statutes to investigation reports (former and confirm);

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 the circumstances, such as the timing, frequency, and contents of the previous punishment for drunk driving for sentencing under Article 62-2 of the Criminal Act, and the blood alcohol concentration in the instant case;

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