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(영문) 수원지방법원 안산지원 2020.04.09 2019고단4290
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 October 22, 2019, around 01:46, the Defendant driven an EW car under the influence of alcohol level of about 0.220% from a 500-meter section from the front of the B Apartment-dong in Silung City to the front of Silung-si D.

Summary of Evidence

1. Statement made by the accused corresponding thereto in the first protocol of trial;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Each report on the results of the control of drinking driving and a report on the appraisal of blood alcohol;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 148-2 (3) 1 of the Road Traffic Act and Articles 148-2 (3) 1 and 44 (1) of the same Act concerning criminal facts: Selection 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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly likely to be subject to criticism in light of the fact that the defendant was punished for drunk driving in the past and that the blood alcohol concentration was very high.

However, the driving distance is relatively short, and the same type of punishment power is very old, and all other circumstances of defendants who can be known through records are sentenced to the same degree as the order.

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