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(영문) 수원지방법원 안산지원 2021.01.21 2020고단3526

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 Records of Crimes】 On June 22, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Friwon Frigwon.

【The Defendant of the crime committed the crime, even though he had the record of being punished for driving under drinking, she also driven a sports cargo vehicle with approximately 500 meters alcohol level 0.095% under the influence of alcohol level from around 00:51 around August 23, 2020 to around 3:51 at around 500 meters around the roads near Sinung-si, Sinung-si to the roads in front of C.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking alcohol measurement, drinking control, and drinking driving control;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (verification of the same criminal records as the suspect), and summary orders and outputs under the 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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished several times by a fine due to drinking, the time interval from the previous conviction of the same kind of crime and the situation of driving and detection, drinking distance and the attitude of the defendant against drinking, and the attitude of the defendant's age, sexual behavior, family relationship, occupation, and circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.