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(영문) 수원지방법원 안산지원 2020.05.13 2020고단317
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 June 15, 2007, the defendant was issued a summary order of KRW 2 million by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act (refluence of measurement) in the indictment for a violation of the Road Traffic Act (refluence of measurement). The defendant was issued a summary order of KRW 3 million. On May 10, 2012, the Seoul Central District Court received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (refluence of measurement).

【Criminal Facts】

At around 23:10 on January 19, 2020, the Defendant driven a motor vehicle for Einty at approximately 850 meters from the front of the building in Ansan-si to the front road located in the same Gu C from the front of the building in Ansan-si to the road in the same Gu C, while under the influence of alcohol content of 0.060% of alcohol content.

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. Investigation report (Report on the status of an employee);

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate 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 which choose the penalty;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, the second sentence of the suspended sentence, and the second sentence of Article 62(1) of the Criminal Act, is not so high that the blood alcohol concentration or blood alcohol concentration is too high and the movement distance is visible. In addition, a punishment shall be determined by taking into account all the circumstances, such as the Defendant’s age, environment, and circumstances leading to the commission of the crime;

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