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(영문) 수원지방법원 안양지원 2021.01.28 2020고단2072
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On January 8, 2020, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving on Drinking) at the Suwon Friwon.

[2] On June 4, 2020, around 02:30, the Defendant driven a DNA motor vehicle with a alcohol content of about 0.047% in blood from around 300 meters to the second floor of the above apartment house C, from the later apartment site B in the king-si of Gyeonggi-si, Gyeonggi-do to around 02:30.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness police;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order issued by the suspect's driving force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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