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(영문) 수원지방법원 안산지원 2021.03.04 2020고단4095

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 25, 2009, the Defendant was sentenced to a suspended sentence of two years for August, 200 to imprisonment with labor for a violation of the Road Traffic Act (dacting driving) in the support of Suwon Frigwon.

[2] On September 27, 2020, the Defendant: (a) driven three cargo vehicles with C-wing and 3 cargo vehicles under the influence of alcohol for about 0.160% while drunk from the section of approximately 1km to the front road of the same Gu, which is around 21:28 on September 27, 2020; and (b) violated the provision prohibiting driving of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act is based on the following factors: the Defendant’s previous conviction for the reason of sentencing and the time interval from the Defendant, the drinking alcohol and the driving and detection background at the time of the instant case, the driving distance of drinking, the Defendant’s attitude against the Defendant; and the Defendant’s age, sex, criminal conduct, family relationship, occupation, and circumstances after the instant case’s argument, and all the sentencing conditions specified in the instant