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(영문) 수원지방법원 안양지원 2020.07.22 2020고단653

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 22, 2016, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 19, 2020, at around 23:29, the Defendant driven a f-purd-purt-pured vehicle with approximately 500 meters alcohol concentration of approximately 0.103% from the road in front of the C Station in the Manan-gu, Ansan-si B to the road in front of the E High School located in the Manan-gu, Manan-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the prohibition on drinking at least once.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Inquiry into the enemy;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are against the defendant's recognition of the crime, taking full account of the criminal records, blood alcohol concentration, driving distance, the defendant's age, character and conduct, environment, motive, means and result of the crime, and all the conditions of sentencing specified in the arguments in the instant case, including the circumstances after the crime, etc., the sentence shall be determined as ordered.