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(영문) 수원지방법원안산지원 2020.10.15 2020고단2060
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 April 6, 2020, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

Although the Defendant violated the provision prohibiting drunk driving as above, at around 01:02 on April 3, 202, the Defendant driven a D Ecoo vehicle with a blood alcohol concentration of about 0.057% at the section of approximately 3.9 km from the road near Yagu in Ansan-gu, Ansan-si to the front road of the same Sindong-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking tests, reports on the circumstantial statements of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, and output of summary order Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.

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