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(영문) 수원지방법원 성남지원 2020.02.19 2019고단2465
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 4, 201, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court, and on December 13, 2013, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

around 04:38 September 11, 2019, the Defendant driven an EM520 vehicle under the influence of alcohol with approximately 0.137% alcohol concentration from the 10km section from the 10km section to the front road of the Sungnam-si, Sungnam-si.

around 02:35 on October 23, 2019, the Defendant driven the E sm5 car under the influence of alcohol concentration of 0.127% in the e-mail while under the influence of alcohol leveling from approximately 50 meters from the convenience store in the trade name of the neighboring part of the water department at Sungnam-si to the roads in front of the same water department distance in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

"2019 Highest 2465"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. Criminal history records, etc. inquiry reports, investigation reports (Attachment to judgments related to driving without a license and driving without a license), court rulings, etc. "2019 Highest 2810";

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Inquiry report on criminal records, confirmation of criminal records of the suspect, and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The fact that a person commits a crime again in a short period after regulating the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that a person can have a record of drinking driving, drinking alcohol, driving distance, and reflects the defendant's age and occupation.

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