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(영문) 수원지방법원 성남지원 2021.01.12 2020고단3508

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 history] On August 25, 2006, the Defendant was issued a summary order of KRW 2 million on the grounds of a violation of road traffic law at the Dong Branch District Court of Seoul, and KRW 3 million on May 14, 2018, with the same crime in the support of the Suwon Branch of Suwon Friwon.

[The facts of the crime] On September 20, 2020, the Defendant driven a DNA car owned by the Defendant in approximately 14 km away from the C adjacent to Ischeon-si, Gwangju-si, to the neighboring road of 0.032% of alcohol concentration in blood around 02:17.

Summary of Evidence

1. Application of Acts and subordinate statutes of the defendant's statutory statement report on the situation of the driver who takes charge of driving alcohol, response to inquiries, such as notification of criminal records as a result of crackdown on driving alcohol, and summary order (which means investigation

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Although the Defendant was subject to a fine of around 2006 and around 2018 due to drinking driving, etc., he driven a car with a alcohol level of 0.032% in the second blood.

It shall be taken into account the fact that the defendant has a attitude to recognize and reflect the defendant's mistake, and the defendant has not been subject to criminal punishment, other than eight times of a fine, including the above previous criminal records, and other circumstances such as the age, character and conduct, environment, motive, means and result of the crime, etc., the punishment as ordered shall be determined in consideration of the circumstances after the crime.