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(영문) 수원지방법원 안양지원 2020.05.28 2020고단232
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 of the final judgment.

Reasons

Punishment of the crime

On May 25, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in Gyeyang Branch of the Suwon District Court on May 25, 2012, and on February 21, 2014, the above court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

Criminal facts

On December 22, 2019, at around 04:17, the Defendant driven a C QM5 car from approximately 1 Kmm to B during the period from the front of the Suyang-dong Suyang-dong Suyang-dong in Ansan-si to the front of the Gu in Ansan-si while under the influence of alcohol with a blood alcohol concentration of 0.16%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

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

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