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(영문) 수원지방법원 안산지원 2020.01.17 2019고단3889
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 1, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 1, 2008, and a summary order of KRW 2 million for the same crime in the Suwon District Court on December 9, 2008.

【Criminal Facts】

On September 26, 2019, at around 23:55, the Defendant driven a Bland with blood alcohol concentration of about 1 0.131% from the 1km section from the 1km to the 2155 Sports Park in Ansan-si, Seoul Special Metropolitan City, Ansan-si, Seoul Special Metropolitan City, to the road.

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. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol), inquiry into the results of crackdown on the influence of alcohol,

1. Previous records of judgment: Criminal records, inquiry reports, and application of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that a person has been subject to punishment twice due to drinking alcohol driving, and the fact that the blood alcohol level is relatively favorable: The fact that there is no record of criminal punishment since 2008, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and various sentencing conditions during the trial process shall be determined as ordered by the order.

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