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(영문) 수원지방법원 안양지원 2020.02.11 2019고단2372
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

[Criminal Power] On July 17, 2013, the Defendant received a summary order of KRW 1,50,000,000 from the Seoul Northern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 5, 2019, around 02:00, the Defendant violated the duty of prohibition of driving at least twice under the influence of alcohol by driving a DNA car while under the influence of alcohol with approximately 1.4km in the vicinity of agricultural and fishery products history in the same Gu from the vicinity of convenience stores in Ansan-si to the vicinity of agricultural and fishery products history in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

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

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.

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