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(영문) 수원지방법원안산지원 2020.08.20 2020고단2502
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 January 4, 2011, the defendant was issued a summary order of 2.5 million won for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

Although the Defendant violated the prohibition of drinking driving as above, on June 15, 2020, the Defendant driven a Dbee-cracked car at the 2km section of approximately 2km to the members-gu of Ansan-si, the members C of Ansan-si, and the front road of the building in the vicinity of the building, under the influence of alcohol concentration of 0.136%, around June 15, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Taking into account the risks inherent in drinking driving under the reason for sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, driving distance, and previous convictions (the fines of 2002, 2004, and 201) of the defendant, taking into account the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as per the disposition.

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