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(영문) 수원지방법원 성남지원 2021.01.15 2020고단2659

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

The defendant has a record of being sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon on October 4, 2006.

(Criminal facts) On July 20, 2020, under the influence of alcohol content of 0.115% in blood around 23:40 on July 20, 202, the Defendant driven a CM520 vehicle from the 2km section of approximately 2km from the Do in front of the Manam-si, Sungnam-si to the road of 100 and Mannam-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. A statement of traffic accident status prepared by the defendant in his/her legal statement;

1. A traffic accident report, traffic accident intensity, accident site photograph, CD;

1. Criminal records as stated in the judgment: Statement of the circumstances of the driver in charge, investigation report (report on the situation of the driver in charge), notification on the results of crackdown on the driving of alcohol; 1. In response to inquiries, such as criminal records (A), investigation report (the same type of records), and application of summary order statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has the record of punishment for 2006 as stated in the criminal records of the judgment that the defendant had been punished for driving under drinking, and the fact that the defendant again driving the drinking of this case had been punished two times or more in 2007, despite the fact that he had been punished for driving without a license, is disadvantageous to the defendant in light of the circumstances unfavorable to the defendant. The vehicle of this case also scrapped the vehicle, there is no criminal history exceeding the fine, and there is no criminal history exceeding the defendant, and the defendant's life is difficult due to the lack of health, etc., shall be considered as normal circumstances favorable to the defendant, and the defendant's age, sex, career, environment, economic situation, and this is also considered.