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(영문) 수원지방법원 안산지원 2020.01.08 2019고단4068
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 January 18, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on October 4, 2007, a summary order of KRW 1,50,000 as a fine for the same crime from the Seongbuk branch of Suwon District Court to the same branch of Sungwon District Court.

On August 28, 2019, at around 23:00, the Defendant driven a motor vehicle on the Dokdong-gu B market in the direction of approximately 400 meters of blood alcohol concentration of about 0.147% from the 400-meter section to the front road of the same Gu C apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 3 times.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of two copies of summary order, such as criminal records and Ansan assistance 2007 high-speed 625;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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