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(영문) 수원지방법원 안산지원 2021.01.14 2020고단4128
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

On July 18, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court.

Although the Defendant had been punished for driving under the influence of alcohol as above, on October 9, 202, 200, he driven a motor vehicle with Cinty in the state of under the influence of alcohol 0.062% at a section of about 500 meters from the front day of the insular behavior (hereinafter referred to as the “insular behavior”) to the front day of the same city B at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, inquiry into the results of drinking measurement, and the results of crackdown on drinking;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of the same criminal records as the suspect), and application of the statutes governing summary orders and outputs;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (1) and 144 of the same Act: 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 suspension of execution (the consideration given to favorable circumstances, such as the fact that there is no history of punishment exceeding the penalty, the driving distance is not driving distance, and the fact that it is against the law);

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;

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