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(영문) 수원지방법원 안산지원 2020.05.07 2020고단246

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

[criminal power] On January 4, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on January 4, 201, and a summary order of KRW 4 million for the same crime in the same court on September 23, 2016.

【Criminal Facts】

On January 4, 2020, at around 00:06, the Defendant driven a B SP car in the state of alcohol alcohol concentration of about 0.123% from the 1km section of approximately 1km from the roads adjacent to the Sinsan-si Mansan-si, Ansan-si, to the roads adjacent to the Sinsan-gu Mansan-gu Malig-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of the regulation of drinking driving and the results of respiratory measurement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to inquire and replys, such as their own dispositions, findings of confirmation, and criminal 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's history of sentencing under Article 62-2 of the Social Service Order Criminal Act (this case's three times, the first drinking is about nine years, the drinking is about 0.172%, and the second drinking is about nine years, and the second drinking is about three years and is subject to a fine of KRW 2.5 million, the second drinking is about 0.12% and the drinking is about three years, and the second drinking is about three years and is subject to a fine of KRW 4 million), drinking volume (0.123%), drinking volume (0.123%) after the crime, circumstances after the crime, family relations, and other various circumstances shown in the argument of this case shall be determined as the sentence of this case.