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(영문) 수원지방법원 안산지원 2019.05.01 2019고단276

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 April 10, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, on May 1, 2008, a summary order of KRW 1.5 million for the same crime at the Seoul Southern District Court, and on June 8, 201, a summary order of KRW 3 million for the same crime was issued at the Suwon District Court.

Although the Defendant had a record of violating drinking driving regulations more than twice, on December 15, 2018, the Defendant driven D Lasta car with the blood alcohol concentration of about 0.124% from the 7km section from the front road of Ansan-si to the front road of Sinsan-si, Ansan-si around 00:10 on December 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and so on;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) there is no record of punishment for drunk driving in 201; (b) there is no record of criminal punishment exceeding a fine; (c) the Defendant is in depth against his/her mistake; and (d) other factors of sentencing indicated in the record, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc., are determined as the same as the disposition.