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(영문) 수원지방법원안산지원 2020.11.25 2020고단3074
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from an Ansan District Court’s Ansan Branch on April 5, 2018.

【Criminal Facts】

On June 21, 2020, the Defendant: (a) around 10:10 on June 21, 2020, at around 600 meters from the front road of the member-gu, Ansan-si, Gyeonggi-do, to the front road in the same Gu C, and violated the regulations on the prohibition of drinking driving by driving the EM5 vehicle at least twice under the influence of alcohol concentration of about 0.129%.

Summary of Evidence

1. A list of the defendant's statutory statements, circumstantial statements, and photographs reported from the control of drinking driving;

1. Previous record: Application of a reply to inquiry, such as criminal records, and a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code is the same kind of criminal punishment, but the recidivism was committed, and the blood alcohol concentration is high.

If it is found that the language was put in D while driving, the risk of drinking driving was high.

Since this case, it is against the depth of wrong treatment such as receiving treatment after this case.

In addition, the punishment shall be determined in consideration of various circumstances, such as the defendant's age, environment, background leading to the crime, and circumstances after the crime.

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