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(영문) 수원지방법원 안양지원 2020.02.11 2019고단2336
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

[criminal power] On June 13, 2008, the Defendant was sentenced to a fine of six million won for the violation of the Road Traffic Act (driving) at the Suwon District Court. On July 18, 2018, the Defendant was issued a summary order of three million won for the same crime in the Gyeyang Branch of the Suwon District Court.

【Criminal Facts】

On November 2, 2019, around 03:00, the Defendant violated the duty of prohibition of driving under the influence of alcohol on two or more occasions, driving a Grandroth vehicle while under the influence of alcohol at approximately 10km and at least 0.152% of blood alcohol concentration at approximately 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.

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