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(영문) 수원지방법원안양지원 2020.12.10 2020고단1738
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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 20, 2017, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 8, 2020, the Defendant driven DK5 cars at a section of about 50 meters from the Mayang-gu B before the Mayang-gu, Syang-si to the front road before the Mayang-gu, Anyang-si, under the influence of alcohol by 0.133% of blood alcohol concentration at around 18:31.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Social service order under Article 62-2 of the Criminal Act;

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