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(영문) 수원지방법원 안양지원 2021.01.14 2020고단1981

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

On December 27, 2002, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law (drinking driving) at the Suwon Friwon on December 27, 2002. On April 6, 2007, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

Criminal facts

On September 17, 2020, the Defendant driven C Poter Cargo Vehicles with approximately two meters alcohol content of about 0.193% while under the influence of alcohol at the Mayang-gu parking lot B in Gyeyang-gu, Mayang-si, Mayang-si.

Accordingly, the Defendant was driving in violation of the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs notifying the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 community service order under Article 62-2 of the Criminal Act;