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(영문) 수원지방법원안산지원 2020.11.19 2020고단1898
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 Facts】

On January 17, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act from the Incheon District Court on August 25, 2015.

[Criminal Power] Around 10:20 on March 15, 2020, the Defendant driven D Eccoo vehicle volume in the state of alcohol alcohol concentration of about 0.054% from the section of approximately 2 kilometers from the front of the member B apartment in Ansan-si to the road located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of drinking driving control and a record of drinking measurement;

1. Previous convictions indicated in judgment: Application of criminal records, reply 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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous conviction and the time interval from the defendant, the circumstances leading to drinking alcohol and driving and detection at the time of the instant case, the distance of drinking driving, the learning of night-driving, the defendant's reflects the fact that the defendant scrappings his vehicle and is likely to endeavor to prevent recidivism, and the defendant's age, character and behavior, family relationship, occupation, and circumstances after the instant case's argument, and all of the sentencing conditions as shown in the instant argument

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