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(영문) 수원지방법원 안산지원 2020.05.08 2020고단399
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 5, 2006, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (refluence of measurement), etc. on December 18, 2006, a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (Refluence) at the same court on December 18, 2006, and a summary order of KRW 4 million for a violation of the Road Traffic Act (Refluence) at the same court on July 31, 2013, respectively.

【Criminal Facts】

On January 16, 2020, at around 22:30, the Defendant driven Cenz’s car in an influent section to the roads in front of Ansan-si, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, under the influence of alcohol concentration of 0.13%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of the case, and a report on the situation of the driving under the alcohol;

1. Notices of the results of the drinking driving control, and related photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Relevant provisions of the Act on Criminal facts 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. There are several instances of records of a fine imposed due to the driving under the influence of alcohol for the reason of sentencing in Article 62-2 of the Criminal Act (except for one case, a long-term criminal record). They are found to have been diving on the road while driving: Provided, That the punishment is imposed in consideration of the circumstances, such as the defendant's age, environment, and circumstances after committing the crime, etc.

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