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(영문) 수원지방법원 안산지원 2020.03.25 2019고단4416
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 June 4, 2012, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, on March 12, 2013, in the same court on March 12, 2013, a fine of KRW 5 million for a violation of the Road Traffic Act and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 18, 2019, at around 23:20, the Defendant driven a FN-si car in the state of alcohol alcohol concentration of about 0.139% at the 10m section from the roads near C Burial located in Silung-si B to the roads front of E oriental medical hospitals located in D in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

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

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

1. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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