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(영문) 수원지방법원안산지원 2020.11.20 2020고단3048

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 25, 2014, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on April 11, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court.

Although the Defendant had been punished for drunk driving as above, the Defendant driven a DNA car at around 01:22 on July 7, 2020, in the state of alcohol alcohol concentration of approximately 0.059% from around 136 meters from the 136-meter parking lot near Ansan-si, Ansan-si to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report (report on the situation of a driver under the influence of alcohol), notification on the results of the crackdown on driving under the influence of alcohol, and investigation report on the apparatus under the influence of alcohol

1. Previous records before ruling: Criminal records, inquiry reports, application of criminal records, investigation reports, and outputs of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment (not less than three times the same kind of power);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The fact that the punishment of a fine is relatively low and that there is no power to impose such fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;