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(영문) 수원지방법원 안산지원 2020.05.08 2020고단409
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, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on May 16, 2014, and a fine of KRW 2 million for the same crime at the same court on June 11, 2019.

【Criminal Facts】

On November 15, 2019, at around 04:20, the Defendant driven a Fsch Rexton sports car in the state of alcohol alcohol concentration of about 4 km from the front of the C Hospital located in B in the Gyeonggi City, to the front of the E stations located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the place where drinking is output;

1. Bluice stuff images and field photographs;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (the confirmation of criminal records of the same kind as a suspect, and binding of a summary order);

1. Relevant provisions of the Act on Criminal facts 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. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the reasons for sentencing under Article 62-2 of the Order to Attend a lecture. The Defendant was found to be locked in a drunken state, and the Defendant was found to have been highly dangerous since the fact that the Defendant was driving does not memory itself. The Defendant’s mistake is against the Defendant’s age and family relationship. In addition, a sentence shall be imposed in consideration of various circumstances, including the Defendant’s age and family relationship

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