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(영문) 수원지방법원안산지원 2020.12.09 2020고단2781
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 March 20, 2012, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch.

On June 12, 2020, at around 23:15, the Defendant driven a vehicle B in the state of alcohol alcohol level of about 0.171% in the 1km section from the roads near the mutual influence cafeteria-dong, Singu, Singu, Singu to the roads located in the same 97-4.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the same criminal records and confirmation of the suspect)-related Acts and subordinate 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. 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 all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

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