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(영문) 수원지방법원안양지원 2020.08.13 2020고단679
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 of the final judgment.

Reasons

Punishment of the crime

On October 13, 2006, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on the charges of violation of the Road Traffic Act, on July 27, 2012, a summary order of KRW 5 million to a fine of KRW 1.5 million for the same crime from the Ansan Branch Branch of the Suwon District Court on July 27, 2012, and on December 7, 2015, a summary order of KRW 7 million for the same crime is issued to the Suwon District Court on the same day.

On March 30, 2020, the Defendant driven a C G80 car in the state of alcohol 0.120% alcohol concentration from the 2km section from the front of the mutual influence house located in Ansan-si to the front road of the same Gu B apartment commercial building in the same Gu, as the Defendant was under the influence of alcohol 0.120% from March 30, 202.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation 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. Social service order under Article 62-2 of the Criminal Act;

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