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(영문) 수원지방법원 2019.06.20 2019고단1437
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 November 30, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Suwon District Court on November 30, 2007, and a summary order of KRW 3 million with a fine at the Suwon District Court on March 20, 2019.

On February 26, 2019, at around 21:53, the Defendant driven CM7 car in the state of alcohol alcohol concentration of about 0.095% at the 2km section from the vicinity of the Suwon-si Pream Zone to the front of the same Gu from around 2km to the front of the same Gu.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under two Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture is that the defendant was punished for drunk driving on January 29, 2019, and there is a high possibility of criticism in that he/she committed the instant drinking driving on February 26, 2019, which was under investigation and was under investigation without any contraryness.

The period and place of drinking driving under the above circumstances, and other punishment as per the disposition shall be determined in consideration of the defendant's age, character and behavior, environment, etc.

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