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(영문) 수원지방법원안양지원 2020.10.15 2020고단1323
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 June 3, 201, the Defendant was issued a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on June 3, 201, and a fine of KRW 4 million for the same crime in the same court on September 18, 2012.

【Criminal Facts】

On July 6, 2020, the Defendant driven a DMW X6 car under the influence of alcohol content of approximately 0.09% in approximately 5m section in the “C-public parking lot” located in the wife B at Chicago-si on July 6, 2020.

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. On-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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