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(영문) 수원지방법원 안산지원 2019.06.05 2019고단1343
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 January 25, 2008, the Defendant issued a summary order of a fine of KRW 4 million at the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving) and on March 13, 2017, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, such as the issuance of a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on March 13, 2017.

On April 5, 2019, at around 07:25, the Defendant driven a 1.7km-free car from the Do of Ansan-si to the front road of the member-gu C apartment Ddong in Ansan-si, Ansan-si, the Defendant was under the influence of alcohol by 0.26% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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