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(영문) 수원지방법원 평택지원 2021.03.05 2020고단2046

도로교통법위반(음주운전)

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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] The defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act in the support of the Chungcheong District Court on November 13, 2006.

[2] The Defendant 1 driven a motor vehicle under the influence of alcohol at least once, and once again driven a motor vehicle under the influence of alcohol at approximately 0.128% from the section of approximately 400 meters of alcohol from the 3:30 meters away from the 400-meter radius to the D front road in Ansan-si B at around August 12, 2020.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering