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(영문) 수원지방법원 안산지원 2021.03.18 2020고단5160
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 March 31, 201, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) in the support of the Suwon Frigwon method.

[Criminal facts] On November 17, 2020, the Defendant driven a FK7 vehicle under the influence of alcohol leveling 0.102% from the 1km section to the e apartment underground parking lot in the same city via D elementary school located in the same city as D elementary school located in the same city C, from around November 17, 2020 to the day on which the Defendant driven a FK7 vehicle under the influence of alcohol leveling 0.102%.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver placed in the main oral statement, inquiry about criminal history as a result of crackdown on drinking driving, and the application of summary order statutes;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;

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. Article 62-2(1) of the Criminal Act of the Order to Attend a lecture takes into account the risk of driving alcohol on the grounds of sentencing, the degree of alcohol during blood transfusion, driving distance, the same criminal record and the existence of accidents, and other factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as above.

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