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(영문) 수원지방법원 안산지원 2019.09.04 2019고단2426
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 October 8, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and on November 11, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the Chuncheon District Court.

Although the Defendant had had the record of violating drinking alcohol twice or more, at around 00:04 from May 8, 2019 to 00:06, the Defendant driven a B-coo vehicle under the influence of alcohol with approximately 1km from May 1, 2019 to the 31 CU convenience store in Silung-si, Silung-si, Got Jeju Island, from May 8, 2019 to the 31 C-coo vehicle in the direction of 0.135% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and record of measurement of drinking;

1. Previous records of judgment: Criminal records, etc., inquiry report, previous records of disposition, report on results of confirmation, and application of two-yearly Acts and subordinate statutes to summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the timing and frequency of the previous punishment for drunk driving, the degree of blood alcohol concentration, and the details of regulating drunk driving;

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