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(영문) 수원지방법원 안산지원 2020.04.10 2020고단420

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 1, 2005, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court, and on December 3, 2019, issued a summary order of KRW 1 million as a fine by the same court.

【Criminal Facts】

On January 18, 2020, the Defendant, while under the influence of alcohol of 0.064% of blood alcohol concentration at around 01:15, 00, driven froca or car at approximately 50 meters from the street in front of the C cafeteria in Singue City B to Sinti City D and E from the street in Sinti City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the place where drinking is output;

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving sound 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. An order to attend a lecture has twice the reasons for sentencing Article 62-2 of the Criminal Act. The driving of drinking alcohol again shall be seven months only;

(b) the blood alcohol concentration is not high. It is against the law;