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(영문) 수원지방법원 안산지원 2020.01.22 2019고단4287
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

On November 3, 2016, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on November 3, 2016, and the summary order of KRW 700,000 for a fine by the same court on July 5, 2006.

On July 17, 2019, at around 22:05, the Defendant driven a F Kanop car with approximately 500 meters alcohol level 0.145% under the influence of alcohol level 0.145% from the front of the C Center located in Sinti City B to the front of the Ehigh School located in D in Sinti City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, statement, and drinking output of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records of a suspect);

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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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