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(영문) 수원지방법원안산지원 2020.09.09 2020고단1926

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 June 24, 2010, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 11, 2010, the Defendant received a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On April 24, 2020, at around 03:01, the Defendant driven a B B B B B B B B B luri-ri car while under the influence of alcohol with approximately 10m alcohol concentration of 0.122% at the front of the police box of Seocho-gu Seoul Seocho-ro 297, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Written statements made by the defendant at his court room and reports on the results of drinking driving control, and circumstantial statements made by the driver;

1. Previous convictions in judgment: Criminal records, investigation reports (lists of suspect A-related cases and judgment), list of related cases, application of statutes of judgment;

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. All circumstances such as the frequency of punishment before drinking alcohol driving, timing and details of punishment, blood alcohol concentration level, driving background, and the fact that the defendant's mistake is found and reflects the depth of punishment for sentencing under Article 62-2 of the Criminal Act;