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(영문) 수원지방법원 안산지원 2020.04.29 2020고단305

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 September 13, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 13, 201, and a fine of six million won for the same crime in the Suwon District Court’s Ansan Branch on November 24, 2016.

【Criminal Facts】

On December 15, 2019, at around 20:15, the Defendant driven a B low-speed car with approximately 800 meters alcohol concentration 0.061% under the influence of alcohol, from the front of a restaurant in the trade in the vicinity of the Newcheon-dong, Newcheon-dong, Sincheon-dong to the front of the event distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, and output of a drinking driving;

1. Control photographs;

1. Previous records: Application of inquiry letter, investigation report (Attachment to the same summary order) and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of the Act on Criminal facts 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. Although the history of punishment for driving under the influence of alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act was two times, the person was diving while driving alcohol and was under the influence of balke during the signal atmosphere. In other words, the person was under the influence of balke and was under the influence of alcohol level. In other words, the person was under the influence of the Defendant’s age, environment, family relationship, etc.