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(영문) 수원지방법원 안산지원 2019.10.24 2019고단3051
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 May 26, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on May 26, 201.

【Criminal Facts】

On August 1, 2019, around 17:58, the Defendant driven a D Twork XG car in the state of alcohol alcohol concentration of approximately 0.146% from the 3km section of approximately 3km from the front of the C C C C C C C C C C C C C C C C C C C C C C C in Ansan-si to the Mangnsan-si New Street.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and log of the measurement of drinking;

1. Related photographs;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records and arguments of this case, including the following circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, blood alcohol level, the distance of drunk driving, the distance of the previous drinking driving, and the time interval between the crime of drinking driving and the crime of drinking driving in this case, shall be comprehensively considered and determined

D. Unfavorable circumstances: A crime that may cause serious damage to another person's life, body, or property needs to be punished, and the defendant has been punished twice by drinking driving in 2003 and 2017, and the circumstances that are favorable to the fact that drinking driving is conducted at once even though he had been punished twice due to drinking driving in 203 and 2017: The fact that the defendant is recognized to commit a crime and is against the wrong fact, and the occurrence of an accident

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