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(영문) 수원지방법원 안산지원 2021.01.27 2020고단3258
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2019, the Defendant was issued a summary order of KRW 10 million due to a violation of Road Traffic Act (driving in drinking), etc., in the Daejeon District Court’s red support.

1. On July 25, 2020, the Defendant, while under the influence of alcohol at around 21:50, driven a vehicle B from the influenite to the influence of the Silung-dong cullle in the street, with the alcohol concentration of 0.221% from the influence of the blood, to the influence of the Silung-dong cule in the street.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. On July 25, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car in B from the influenite to the vicinity of the eroud eroud eroud eroud eroud eroud eroud eroud eroud eroud eroud eroud eroud eroc.

Summary of Evidence

1. The motor vehicle driver's license register of the defendant's legal statement;

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

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Taking into account all the circumstances, such as the fact that an order to attend a lecture was driven under the influence of alcohol without a license for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that an order was issued for a summary order of KRW 10 million by driving under drinking prior to about 8 months, the fact that the degree of alcohol level in blood alcohol level was high: Provided, That there was no record of punishment for driving under drinking, other than the above fine, and there was no record of punishment for a fine of KRW 2 million by driving without a license for a non-license, and

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