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(영문) 수원지방법원 2020.01.09 2019고단5862
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

【The Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Jeonju District Court on June 20, 2001; on January 18, 2002, the Defendant issued a summary order of five hundred thousand won or more for a violation of the Road Traffic Act at the Jeonju District Court on November 7, 2003; on July 30, 201, 1.5 million won or more for a violation of the Road Traffic Act at the Jeonju District Court on July 30, 201, 3 million won or more for a violation of the Road Traffic Act at the Suwon District Court on July 21, 201; on January 21, 201, the Defendant received a summary order of one million won or more for a violation of the Road Traffic Act (a fine of one million won or more for a violation of the Road Traffic Act without a license) at the Suwon District Court on January 21, 201, and received a fine of one hundred eight thousand won or more for a violation of the Road Traffic Act (A.

【Criminal Facts】 On September 15, 2019, the Defendant driven a vehicle at around the front of the Gyeonggi-si Building B, Gyeonggi-si, Gyeonggi-do, with a blood alcohol level of 0.172% under the influence of alcohol level of 0.172% on September 15, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of standing and statement, and investigation report of the host driver;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a confirmation report on the same criminal records, etc.);

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. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order have the record of already being punished once as drinking driving.

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