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(영문) 수원지방법원 안산지원 2020.02.06 2019고단4515

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 3.5 million as a fine in the same court on June 21, 2017.

On November 23, 2019, at around 06:16, the Defendant driven an EXE car in the state of alcohol alcohol concentration of about 0.052% from the 200-meter section from the G apartment parking lot to the D Middle School located in the same city C, from the Gi-si B apartment parking lot to the front road of the D Middle School located in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and notification of the results of

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. The sentencing of punishment under Articles 53 and 55(1)3 of the Criminal Act is identical to that of the Defendant for discretionary mitigation, the fact that there are many people of traffic-related crimes, including the fact that there are past records of the suspension of the execution of imprisonment with prison labor due to a licenseless driving, etc., the period between the past and the case, the distance between the time and the time, the blood alcohol concentration in the instant case, the higher level of punishment for the recidivism of drunk driving due to the revision of the Act, and the fact that it is difficult to deem the Defendant as not likely to repeat the crime, etc., shall be determined as the sentence as ordered, taking into account all the sentencing factors indicated in the argument of the instant case, such as the Defendant’