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(영문) 수원지방법원안산지원 2020.12.17 2020고단2896

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 11, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on September 11, 2007, and on May 26, 2014, the same court issued a fine of KRW 3 million as the same crime.

【Criminal Facts】

On July 4, 2020, at around 23:10, the Defendant driven a DK7 car owned by the Defendant, while under the influence of alcohol of about 0.142% of alcohol concentration from around 1.8km to the front road of the Gu apartment complex in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on drinking-taking actions and records of drinking-making measurements;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous conviction and the time interval from the defendant, the circumstances of drinking alcohol and driving and detection at the time of the instant case, the distance of drinking driving, the fact that the defendant is against the defendant, and the age, character and conduct, family relationship, occupation, and circumstances after the instant case, and all of the conditions of sentencing as shown in the arguments in the instant case shall be