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(영문) 수원지방법원 안산지원 2020.06.24 2020고단873
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

On June 18, 2014, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch.

On December 22, 2019, at around 02:29, the Defendant driven a c-wing van at a distance of about 4 km from 0.129% of blood alcohol concentration to the front road of the training center shooting distance, as in front of Ansan-gu, Ansan-si B, Ansan-si, and as in front of the training center shooting distance.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes attached to written judgments;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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