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(영문) 수원지방법원 안산지원 2020.06.25 2020고단766

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 June 5, 2013, the Defendant was issued a summary order of KRW 1 million at the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

Although the Defendant had been punished for drinking driving as above, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.143% from the section of about 10km to the pre-road of the iron-ro, which was located in the direction of the 130-distance 53 meters long from the direction of the 130-meter-on-on-way road during the Ansan-si period from January 30, 2020 to the pre-road of the 53-on-road.

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

Summary of Evidence

1. Consent to and confirmation of collection of blood from the defendant's legal statement, and inquiry into the records of blood alcohol appraisal and the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reference reports (A), investigation reports (verification of the same type of crime records), reports on the results of previous convictions that have not been taken, and application of Acts and subordinate statutes which are approximately KRW 2013 high-class district court and KRW 767;

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: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in this case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.