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(영문) 수원지방법원 안산지원 2021.03.18 2020고단5038

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

[Power of crime] On September 8, 2009, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon.

[2] On November 16, 2020, the Defendant driven a DNA cruise vehicle under the influence of alcohol leveling 0.107% from around 500 meters from the Do in front of the Do in Ansan-si, Ansan-si to the road in front of the same Gu C, the Defendant driven a DNA cruise vehicle under the influence of alcohol leveling to 0.107%.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement statement report, inquiry letter about criminal records such as notification of the result of crackdown on drinking driving, reporting on minor records and results of confirmation of his/her previous offense;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;

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. Article 62-2(1) of the Criminal Act of the Order to Attend a lecture takes into account the risk of driving alcohol on the grounds of sentencing, the degree of alcohol during blood transfusion, driving distance, the same criminal record and the existence of accidents, and other factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as above.