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(영문) 수원지방법원 안양지원 2020.01.31 2019고단2235
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 November 25, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, and on July 25, 201, the same court received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On October 15, 2019, at around 22:30, the Defendant driven a car from approximately 500 meters away from the road before the mutual influence house in the vicinity of the Gu B to the front road of the same Gu, while he was under the influence of alcohol of 0.101% of blood alcohol level.

Accordingly, the Defendant violated the duty of prohibition of drunk driving at least twice under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the occurrence of the case;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person has been punished three times by a fine for a violation of the Road Traffic Act, a person has been punished by a fine for a violation of the Road Traffic Act or a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents resulting therefrom, and a person driving under drinking again was sentenced to a fine for a violation of the Road Traffic Act, and the degree of the person driving under drinking again was serious to 0.101% of the blood alcohol concentration, but the person has a attitude to reflect a mistake

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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