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(영문) 수원지방법원 안산지원 2019.10.10 2019고단2930
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 February 1, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 from the Incheon District Court’s Branch Branch of the Incheon District Court for the crime of Road Traffic Act.

【Criminal Facts】

On July 28, 2019, at around 17:25, the Defendant driven a Cbea cruise car on the front side of the Masan-gu, Ansan-si, the 0.168% alcohol concentration in blood.

Accordingly, the Defendant driven a car in the state of drunk not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records and arguments of this case, including the following circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, blood alcohol level, the distance of drunk driving, the distance of the previous drinking driving, and the time interval between the crime of drinking driving and the crime of drinking driving in this case, shall be comprehensively considered and determined

D. Unfavorable circumstances: The defendant needs to be punished for a crime that may cause serious damage to another person's life, body, or property, and the defendant has the history of punishment for drinking driving in 2013, but he/she also drives under the influence of drinking in 2013; the degree of blood alcohol concentration is high: The defendant recognized the crime; the defendant reflects his/her mistake; and there is no record of the crime exceeding the fine.

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