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(영문) 수원지방법원안산지원 2020.11.19 2020고단2540
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 December 21, 2006, the Defendant received a summary order of KRW 1,50,000,000 for a fine of KRW 1,000 for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on December 21, 2006, a summary order of KRW 1,00,000 for the same crime in the same court on November 30, 209, and a summary order of KRW 7 million for a fine of the same crime at the Incheon District Court on October 16, 2015, respectively.

【Criminal Facts】

On May 20, 2020, at around 00:38, the Defendant driven an Eschnton car in the state of alcohol 0.149% of blood alcohol concentration at approximately 500 meters from the front of the B market in light-si B market in light-si to the frontway in light-si C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Division: Application of the Act on Criminal Records, etc., investigation reports (same-class criminal records), and copies of the summary order to three copies thereof;

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

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