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(영문) 수원지방법원 성남지원 2021.03.11 2020고단3554

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On February 27, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violating Road Traffic Act (dacting driving).

[2] On September 9, 2020, the Defendant, at around 22:20, committed a violation of Article 44(1) of the Road Traffic Act by driving a E car with alcohol content of about 0.107% at a distance of about 250 meters from the 250m of alcohol alcohol level on the front side of the Sungnam-si, Seongbuk-gu, Sungnam-si (Seoul Metropolitan City) to the Daodong parking lot.

Summary of Evidence

1. The criminal defendant's legal statement that results in driving or making a statement in the circumstances of the driver's license;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same kind of force as the suspect);

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are determined as follows: (a) comprehensive consideration of the following conditions of sentencing, including the age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments and records.

Unfavorable circumstances: Along with the same record, recidivism was conducted in spite of two times.

It is the high level of alcohol concentration in blood.

The favorable circumstances reflects crimes.

There is no history of punishment exceeding a fine.