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(영문) 수원지방법원 안산지원 2020.06.25 2020고단1333
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 March 28, 2018, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

Although the Defendant violated the prohibition of drunk driving as above, on March 20, 2020, at around 02:48, the Defendant driven a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

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

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the statement of the situation of a drinking driver, and records of drinking measurements;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 the reasoning of sentencing under Article 62-2(1) of the Criminal Act, the Defendant’s previous drinking records, the blood alcohol density at the time of the instant case, and the section of drinking driving, and taking into account various factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered in the same manner

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