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(영문) 수원지방법원 안산지원 2020.04.23 2020고단186
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and a fine of three million won for the same crime in the same court on February 23, 2017.

On January 7, 2020, around 00:03, the Defendant driven a B E Q90-car under the influence of alcohol content 0.051% from a section of about 5 km from the 00:03-dong, Ansan-si, Gyeonggi-si, Gyeonggi-do, to the water resource construction street of the 1633-dong, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: References to criminal records and investigation reports (Attachment to attached records of the same kind of power) shall be applied by statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (General circumstances such as the history of the latest crime and the measurement of alcohol;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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