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(영문) 수원지방법원 안산지원 2020.01.30 2019고단4452
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 November 15, 2019, the Defendant was issued a summary order of KRW 8 million as a crime of violation of the Road Diplomatic Act at Ansan District Court.

【Criminal Facts】

On November 16, 2019, at around 06:51, the Defendant driven a e-motor vehicle from approximately 50 meters away from the e-motor vehicle B to the front road of the D police station located in the e-mail in the e-mail from the e-mail-si B to the e-motor vehicle under the influence of alcohol content of 0.184%.

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. Notification of the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions and results of confirmation, and application of the Acts and subordinate statutes stating the accused's statutory statement;

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 the circumstances, such as the fact that previous convictions and fines of the same kind for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act are one time, the blood alcohol concentration is high, while recognizing errors, and there is no previous conviction exceeding fines;

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