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(영문) 수원지방법원안산지원 2020.11.19 2020고단1814
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 30, 2017, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, and a summary order of KRW 5 million for the same crime at the same court on March 2, 2018.

【Criminal Facts】

On April 22, 2020, the Defendant driven CK7 car under the influence of alcohol with approximately 0.095% alcohol concentration from the section of approximately 1km from the French land in Ansan-si to the front road in Ansan-si, the 23:59 on April 22, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Recognating the results of the drinking driving control, and a measuring washing boat;

1. Before and after ruling: Application of criminal records, reply reports, investigation reports, and other Acts and subordinate 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. The grounds for sentencing under Article 62(1) of the Criminal Act are the same criminal records of the defendant, the interval of time from the criminal records of the defendant, the background of drinking alcohol and driving and detection at the time of the instant case, the distance of drinking driving and the distance of the defendant's participation in special traffic safety education conducted by the Road Traffic Authority after the instant case, and it appears that the defendant is trying to prevent recidivism, and the defendant's age, character and behavior, family relationship, occupation, and circumstances after the instant case are considered to be comprehensively considered in the sentencing conditions

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