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(영문) 수원지방법원 2021.01.28 2020고단6434

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) with the support of the Incheon District Court on March 4, 2013.

On August 27, 2020, the Defendant was under the influence of around 02:20 on August 27, 2020, the alcohol level of 0.196% among the blood transfusions. On August 27, 2020, the Defendant driven a B-L car at the front of the Dong community center, which is at the 1stm of the death level located in the Suwon-si, Young-si, Young-si, Young-si, Seoul, for about 10 km away from the 10 km section of the B-L car at the front of the Dong community center.

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

around 22:55 on September 17, 2020, the Defendant driven an EK5 vehicle under the influence of alcohol leveling to 0.110% of alcohol leveling from approximately 2 km section from the front side of the Kugung-gu Seoul apartment to the Gung-gu D Apartment-gu D Apartment-gu Seoul apartment street on September 17, 2020.

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

Summary of Evidence

"Criminal Records"

1. Previous convictions indicated in the judgment: Two copies of a reply to inquiry, such as criminal history, and a summary of a summary order;

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main driver, report on the situation of the driver at the main driver, report on the results of crackdown on the driving of drinking, investigation report (with respect to the application of the aforementioned dmark formula), and report on the application of the said dmark formula;

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and the application of statutes governing

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including the previous conviction in the judgment, has three times the record of criminal punishment due to drinking driving, and driving of each drinking of this case.