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(영문) 수원지방법원 안산지원 2019.08.30 2019고단2042
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 July 3, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on July 3, 2013, and a summary order of KRW 2.5 million for the same crime in the same court on April 8, 2014.

【Criminal Facts】

On April 18, 2019, at around 01:13, the Defendant driven a B-to-purd vehicle with approximately 5km alcohol concentration of about 0.072% in the section of about 5km from the road near the central road of Ansan-si, Ansan-si, 1633 Water Resources Corporation to the road front of the water resources construction distance.

Summary of Evidence

1. Defendant's legal statement;

1. 주취운전정황보고, 주�운전자정황진술보고서, 수사보고(주취운전자정황보고), 출력지, 음주운전단속사실결과조회

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol requires a punishment corresponding to the punishment for the crime that may cause serious damage to the life, body, and property of another person; the defendant, even though having been punished twice as the same crime, has the record of punishment, also leads to the crime of this case: The defendant recognized the crime and reflects it; the blood alcohol level is not high; the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc.; and the various sentencing conditions shown in the trial process are considered as follows.

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