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(영문) 수원지방법원 성남지원 2019.10.01 2019고단1912
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 March 5, 2012, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, at the Sung-nam Branch of Suwon District Court on March 5, 2012, and on July 17, 2015, the above court issued the summary order of KRW 2 million as a fine for the same crime.

On August 14, 2019, at around 16:10 on August 14, 2019, the Defendant driven a C low-speed car with the blood alcohol concentration of about 0.158% in the 4km section from the vicinity of the Gangnam-gu Seoul Western Station to the front road of the Gyeonggi-gu Manam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and investigation reports;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has no record of serving a punishment heavier than imprisonment without prison labor);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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