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(영문) 수원지방법원성남지원 2020.10.14 2020고단1397

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 September 29, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on September 29, 2016.

【Criminal Facts】

On May 1, 2020, at around 02:35, the Defendant driven a B Sti-type car under the influence of alcohol leveling 0.171% of blood alcohol level from the front of the camping tower in the Yadong-dong, Sungnam-si to the lower road of the Yadong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, notification of the results of crackdown on drinking driving, and field photographs;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Users Act, the choice of criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is that the defendant has been punished for more than 2016 as stated in the criminal records as stated in the judgment of the court below for drinking driving, and the defendant has been punished for more than 2018 for driving without license, and the driving of the instant vehicle has not yet been done again, and even if the signal was changed, it could have been controlled by a witness's report while stopping on the third line, which could cause danger to the flow of traffic. The fact that the blood alcohol concentration of the instant vehicle is high, which is disadvantageous to the defendant, is promising not to repeat the instant vehicle in light of the defendant's crime, and that the vehicle of this case also sold the vehicle of this case, the distance of driving is relatively not relatively long, considering the circumstances favorable to the defendant, such as the defendant's age, character, career, career, environment, economic situation, circumstances, the circumstances of the crime, and the result, etc.