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(영문) 수원지방법원안산지원 2020.11.11 2020고단1813
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (Refusal of measurement of drinking), and on July 8, 2009, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving), and on February 13, 2013, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving), and on June 21, 2017, sentenced the same court to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

On April 15, 2020, at around 01:04, the Defendant driven a clance car under the influence of alcohol concentration of about 0.063% in the section of about 10km from the 10km to the roads in Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the notification of the results of the drinking driving control, and the output of the drinking measuring instrument;

1. Previous records of judgment: Application of criminal records, written judgments, and other 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. The punishment of sentence under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is imposed four times from 2005 to 2013 on the grounds of the punishment of a fine under Article 53 and 55(1)3, and the punishment of a fine is imposed in consideration of the fact that a person was sentenced to a suspended sentence of two years on August 2017 on the grounds of a drunk driving, a refusal to take a alcohol level, or a non-exclusive license for drinking without a alcohol license. In other words, the punishment is imposed in the sentence under consideration of the fact that a person was sentenced to a suspended sentence of two years

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