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수원지방법원 안양지원 2020.05.08 2020고단114

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 November 13, 2014, the defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Road Traffic Act (refluence of the measurement) in the Suwon District Court's Ansan Branch.

On December 29, 2019, at around 03:55, the Defendant driven a DK5 car from approximately 4 km from militarypool B Pool to C apartment in the same city under the influence of alcohol content of 0.129%.

As a result, the Defendant violated the duty of prohibiting drinking driving and refusing to measure drinking under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other 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. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. The fact that the defendant, who has been sentenced to a suspended sentence due to the refusal to take measurements of alcohol due to a drunk driving, the fact that the police, upon receiving a report of a drunk driving, runs a drunk driving and runs a drunk driving, causes a contact with the parked vehicle: Provided, That there is no criminal conviction, and all the kinds of sentencing conditions shown in the record, shall be determined as the same as the order;