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(영문) 수원지방법원 안산지원 2020.04.16 2020고단810

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 December 4, 2008, the Defendant was sentenced to a fine of KRW 2 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

Although the Defendant violated the prohibition of drunk driving, at around 19:20 on May 15, 202, the Defendant driven a Dive drive owned by C at approximately 1m, while under the influence of alcohol level of 0.119% at the upper end of Yangu, Ansan-gu, Ansan-si. B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of a reply to criminal records, replys to investigation, 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 the reasoning for sentencing under Article 62-2(1) of the Criminal Act, the defendant’s previous drinking power (a fine of KRW 1.5 million in 2002, a fine of KRW 1.5 million in 2004, a fine of KRW 2 million in 2008, and a fine of KRW 2 million in 2008), the blood alcohol level at the time of the instant case, and the section for drinking driving (1m in 2008), taking into account the defendant’s age, character and behavior, environment, motive, means, and consequence of the crime, etc., the sentence shall be determined as ordered