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(영문) 수원지방법원 2019.08.23 2019고단3393
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 18, 2009, the Defendant issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act, and a fine of KRW 3 million with the same crime in the same court on June 8, 2011.

On June 20, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more again, driven B Poter-Ⅱ in the state of alcohol alcohol concentration of approximately 0.078% from the 200 meters section of alcohol level to the water viewing road located in the Suwon-si, Suwon-si, Suwon-si, Suwon-si, and at around 04:50 on June 20, 2019 to the water viewing road in the same 1111.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report, notification of the results of the control of drinking driving, and records of the measurement of drinking alcohol;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under the Acts and subordinate statutes;

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 fact that an order to attend a lecture and an order to attend a community service order pursuant to Article 62-2 of the Criminal Act are confessions and reflects the reasons for sentencing, the driving distance is relatively short and the blood alcohol concentration is not high, human and material damage has not occurred, while the same criminal records as the previous records in the judgment are two times, such as the defendant's age, character and behavior, career, environment, background and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the records and arguments of this case shall be determined as ordered by the order.

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