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(영문) 수원지방법원안산지원 2020.09.24 2020고단3239
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 September 4, 2006, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

On July 30, 2020, at around 13:29, the Defendant driven a B car while under the influence of alcohol content of about 0.186% through a 7km section from the road located in Sinsi-si, Singu, Singu to the road located in 13-ro, Singu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and output of a drinking measuring instrument, on-site photographs;

1. Previous records of judgment: Application of criminal history records, inquiry reports (the previous records and confirmation reports of a suspect) and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act (i.e., confessions, reflects, and refrain from recommitting a crime) (i.e., the fact that there is no record of the punishment exceeding the fine, and other favorable circumstances);

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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