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(영문) 수원지방법원 안산지원 2020.07.23 2020고단2100

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 March 3, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Busan District Court's Busan District Court's Branch.

Although the Defendant violated the prohibition of drunk driving as above, the Defendant driven a E Car under the influence of alcohol with approximately 0.213% of alcohol level 0.213% at the same Do from the front of the C cafeteria located in the members B of Ansan-si, Ansan-si to the front of the same Gu from about 100 meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, probationary records, investigation reports, and Acts and subordinate statutes;

1. Relevant Acts concerning facts constituting a crime 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. Taking into account the risks inherent in drinking driving under the reason for sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, driving distance, and the previous conviction (in addition to the previous conviction on the market, the number of previous convictions sentenced to a fine once as a result of a refusal to measure drinking in 2003) of the defendant, the sentence shall be determined as ordered by taking into account the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.