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(영문) 수원지방법원안산지원 2020.08.12 2020고단1770
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 March 9, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on March 9, 2006, and a summary order of KRW 1 million as a fine in the same court on August 25, 2006, respectively.

On April 3, 2020, at around 00:57, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of about 0.188% over a section of about 5.5 km from the road located in Ansan-si, Ansan-si, 1633 to the road near the water resources construction site located in the same city.

As a result, the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. A written appraisal of the defendant's legal statement, blood alcohol concentration;

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to the suspect's previous records and confirmation reports);

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 frequency of punishment for driving under influence before sentencing of Article 62-2 of the Criminal Act, timing and details of punishment, and the degree of blood alcohol concentration;

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