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(영문) 수원지방법원 안산지원 2020.04.10 2019고단4856
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 25, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 9, 2009, a fine of KRW 5 million for the same crime, etc. at the Seoul Southern District Court on September 21, 201, two years of suspension of execution for six months on January 21, 201, and two years of suspension of execution for ten months on October 11, 201 for the same crime, etc. at the same court.

【Criminal Facts】

On November 29, 2019, at around 00:18, the Defendant driven a F Kazon under the influence of alcohol content of approximately 0.045% at a section of about 100 meters from the C store near C store located in Silung-si B to the front road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Despite the fact that the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are five times (three times a fine and two times a suspended sentence), the punishment is imposed as a result of the last crime and the driving under the influence of drinking is limited to three years, and the punishment is imposed as a sentence; considering the fact that the amount of drinking alcohol is relatively low and the driving distance is short, the sentence shall be set at the lower limit of the applicable sentencing.

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