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(영문) 수원지방법원 안산지원 2019.11.26 2019고단3576

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2014, the Defendant received a summary order of KRW 1,500,00 from the Suwon District Court as a crime of violating the Road Traffic Act.

At around 00:00 on August 16, 2019, the Defendant driven a DNA rocketing car under the influence of alcohol concentration of about 0.09% from approximately 700 meters to the roads C from the 00-meter radius of blood alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the state of standing of the driver under the influence of alcohol, output, and inquiry;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the time interval between the same military force and the case in this case, the blood alcohol concentration in this case, the level of punishment for the recidivism of drinking drivers due to the revision of the Act, the possibility of recidivism in the future is so high that it is difficult to eliminate the possibility of recidivism in the future, and all of the sentencing factors specified in the arguments of this case, including the defendant's age, environment, character and conduct, the result of the crime, and the circumstances after the crime, etc., shall