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(영문) 수원지방법원 성남지원 2021.01.12 2020고단3747
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 September 19, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking on drinking), and on September 13, 2013, the same court issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (drinking on drinking) on September 13, 2013.

[Criminal facts] On October 5, 2020, the Defendant driven B Kanop vehicle under the influence of alcohol content of about 15 km from the section of about 15 km from the 200m to the Yanpo-si Eup Eup, Yanpo-si, Yan-si, Sungnam-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si.

As a result, the defendant was driving a drinking in violation of the prohibition of drinking driving regulations not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement report on the situation of the driver who takes the main oral statement, notification of the results of crackdown on drinking driving, criminal records, and investigation reports (the previous records confirmation and investigation records page 42

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 2012 and around 2013 due to drinking, the Defendant driven a marcing in the state of drinking 0.096% of alcohol in the blood transfusion, and eventually caused an accident where marcing the seat of the marc.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, the defendant has no record of crime other than the above previous conviction, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are to be determined in accordance with the order.

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