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(영문) 수원지방법원 안산지원 2020.04.16 2019고단4502
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 26, 2013, the defendant was issued a fine of KRW 7 million for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on 2014.26.

Nevertheless, around 20:15 on September 209, 2019, the Defendant, while under the influence of alcohol of 0.117%, driven C Cor or a car in the section of approximately 3KKM from the top in the vicinity of the outer influence in the city of Heung-si to the same city B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and record of measurement of drinking;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in this case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.

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