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(영문) 수원지방법원 안양지원 2021.03.30 2021고단106
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

On April 12, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from a water source method source.

On June 28, 2020, the Defendant driven B QM6 car under the influence of alcohol with approximately 0.176% alcohol concentration from around 5 km to the front road of the restaurant located in the king-si, Cheongdo-dong, Cheongdo-dong, Cheongdo-si, Cheongdo-si, from around 04:05 to the front road of the Guangdo-si.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A copy of the notification of the results of regulating drinking driving and a copy of the measurement record;

1. Investigation report (report on the situation of driving in the main place) and report on the situation of the driver in the main place;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. 【The grounds for sentencing of Article 62-2 of the Criminal Act for community service and order to attend a lecture 【the scope of the applicable sentences in law】 One year or two years or six months 【the sentence of sentence】 The Defendant, as stated in the first head of the crime in the judgment, once he/she was sentenced to a fine for a violation of road traffic law (dacting driving) within a short period. At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.176%. At the time of the instant crime, the Defendant’s mistake is recognized, and the Defendant’s age, sex, environment, background of the crime, and circumstances before and after the crime are determined as the sentence of the order.

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