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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2777
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

[Power of crime] On September 25, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon Flag Flag.

[Criminal facts] On October 29, 2020, the Defendant driven a DNA-type car under the influence of alcohol leveling 0.210% of alcohol leveling from a section of approximately 1km from the road near the inner bridge located in the Dogdong-si in Ansan-si to the front road located in the Ansan-si B in the Ansan-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a 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 notification of the results of

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., and other factors of sentencing as stated above.

Sentencing elements: The confessions and reflects, and there is no record of punishment exceeding fines: The amount of drinking alcohol is very high, and the driving distance is not short.

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