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(영문) 수원지방법원 2021.03.25 2020고단7613
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 11, 201, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag.

[2] On September 17, 2020, at around 00:50 on September 17, 2020, the Defendant driven a C low-speed car with alcohol concentration of about 0.189% in a 100-meter radius from the fluence-dong, Gi-si, Suwon-si to the front road of the same Gu B.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts (the point of drinking and the choice of imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 201)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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