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(영문) 수원지방법원안산지원 2020.12.10 2020고단4019

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 July 16, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Seoul Eastern District Court.

Criminal facts

On August 25, 2020, at around 06:05, the Defendant driven a Cschton car in the state of alcohol with approximately 10km alcohol concentration of about 0.078% from the 10km section from the front road of the members of Ansan-si to the seat of 19km-si, the Dong-dong Highway, which is located in the same Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration (0.078), the driving distance (in 2001, 2003, and punishment for drunk driving in 201), the same criminal record (in 201, 2003, and 2010), and the driving time (in 2010: the age, character, character, environment, motive, means and consequence of the crime, etc. of the defendant, the sentence as ordered shall be determined by taking into account various factors of sentencing, such as the circumstances after the crime.