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(영문) 수원지방법원안양지원 2020.08.13 2020고단850
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

[criminal power] On December 3, 2007, the Defendant was issued a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Busan Branch branch, and a fine of KRW 1.5 million as a same crime in the Suwon District Court’s Ansan Branch on August 27, 2014.

【Criminal Facts】

At around 21:10 on May 12, 2020, the Defendant driven CMW 730LD car in the state of alcohol alcohol concentration of about 0.032% in approximately 6km section from the influence place in Ansan-gu Hodong to the front road in Mayang-gu, Mayang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Detection site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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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