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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2718
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

[criminal power] On May 2, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on July 7, 2008, and was sentenced to a summary order of KRW 2 million for the same crime in the same court on July 7, 2008. On December 23, 2008, the Defendant was sentenced to a suspended sentence of KRW 7 million for a fine of the same crime in the same court on December 23, 2008. On June 21, 2011, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime.

【Criminal Facts】

At around 18:51 on July 14, 2019, the Defendant driven a Cho-low-income car while under the influence of alcohol leveling 0.240% in a section of approximately onem of the front road of the Dong-gu, Ansan-si.

As a result, the defendant violated the prohibition of drunk 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 Acts and subordinate statutes, such as criminal records, inquiry reports, and judgments on the same criminal records;

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. 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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