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(영문) 수원지방법원안산지원 2020.11.27 2020고단3884
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 26, 2007, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court, and on July 31, 2014, the Defendant received a summary order of KRW 3 million for the same crime from the Seoul Northern District Court.

Although the Defendant had been punished for drunk driving, on August 24, 2020, at around 23:09, the Defendant driven a DNA car while under the influence of alcohol leveling 0.054% in the two-meter section of the road near C in Silung-si, Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, investigation report (report on the circumstances of a driver under the influence of alcohol), inquiry into the control of driving under the influence of alcohol, and so on

1. Previous records before ruling: Criminal records, inquiry reports, application of criminal records, investigation reports, and outputs of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment (two times the same kind of power);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including a relatively low driving distance and a short driving distance, and a fact that there exists no penalty power exceeding a fine, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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