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(영문) 수원지방법원 안산지원 2020.07.23 2020고단1635
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

[criminal power] On May 16, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on November 26, 2013; a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court's Seoul Southern District Court on November 26, 2013; and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 25, 2016.

【Criminal Facts】

Although the Defendant violated the provision prohibiting drunk driving as above, at around 16:43 on April 14, 2020, the Defendant driven CK7 cars while under the influence of alcohol 0.098% in a section of about 30km from the 30km away to the front road of Seongdong-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Acts concerning facts constituting a crime 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. Article 62 (1) of the Criminal Act;

1. Taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, driving distance, the same criminal record and the two-time violation of the Road Traffic Act, taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered by taking into account the following factors:

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