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(영문) 수원지방법원 성남지원 2020.01.08 2019고단1801
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 9, 2009, the defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act in the Sungnam branch of Suwon District Court on January 9, 2009.

On July 15, 2019, at around 00:10, the Defendant driven CK9 car over approximately approximately 150 meters from the land in the French-si (hereinafter referred to as the “Uiung-gu”) to the front road in the Young-si (Ui-gu), the alcohol content of which is 0.160% under the influence of alcohol.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

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, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The same sentence as the order shall be determined by comprehensively taking into account the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc. as stated in the records, such as records, etc., of the same kind of crime (two times) for the reason of sentencing under Article 62-2 of the Social Service and Criminal Act;

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