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(영문) 수원지방법원 안산지원 2020.01.10 2019고단3468
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 June 22, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On August 22, 2019, around 22:50, the Defendant driven a rash car in the state of alcohol with approximately 100 meters alcohol concentration 0.129% at the section of about 100 meters from the front of the “C” road located in Young-gu, Busan to the front of the entrance of “E Park” located in D.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, report on the exposure of the motor vehicle under consideration, report on the situation of the motor vehicle under consideration, report on the motor vehicle under consideration, investigation report on the motor vehicle under consideration (report on the circumstance of the motor vehicle under consideration of the motor vehicle under consideration of the motor vehicle under consideration, inquiry into the

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that a person has been punished for drunk driving in 2017, despite the fact that he/she had the record of punishment for drunk driving in 2017, is recognized as committing a crime; there is no record of criminal punishment exceeding the fine; and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined in the same manner as the disposition is comprehensively

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