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(영문) 수원지방법원 안산지원 2020.04.10 2020고단307
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 April 6, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court, and a fine of KRW 1,50,000 as a fine at the Daegu District Court on October 2, 2014.

【Criminal Facts】

On December 24, 2019, at around 23:35, the Defendant driven a DoW 528i car under the influence of alcohol concentration of about 0.095% from the 30-meter section to the road in front of the above C Hospital from the road near C Hospital located in B at the Gyeonggi City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and lifts as a result of drinking measurement;

1. Previous records: Application of inquiry statements, investigation reports (Attachment to the same type of electric records) and statutes, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving sound 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 punishment shall be imposed by taking into account the following as a whole: (a) the reason for sentencing under Article 62-2 of the Criminal Act has a record of drinking alcohol and blood alcohol concentration is not low; (b) the Defendant reflects his depth; and (c) the Defendant faithfully lives in the workplace while making efforts to prohibit the drinking after the instant case; and (d) the Defendant’s family environment and circumstances leading to the crime.

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