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(영문) 수원지방법원 안산지원 2019.10.17 2019고단2248
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 12, 2007, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on November 12, 2007; on December 10, 2007, a fine of 2.5 million won of a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on December 10, 2007; on January 15, 2016, the Defendant was sentenced to 6 months of imprisonment with labor for a violation of the Road Traffic Act (driving) and 2 times or more for a suspended sentence (Article 44(1) of the Road Traffic Act on December 12, 2019. However, on June 13, 2019, the Defendant was driving with a vehicle with a blood alcohol concentration of about 100 meters from the front of the B lux in the Gambing-si to the front of the building C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of the sentencing of Article 62-2 of the Criminal Act, probation and community service, the blood alcohol concentration in the instant case, the previous department, the distance between the same military force and the instant case, the possibility of recidivism is difficult to exclude, and other factors of sentencing as ordered, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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