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(영문) 수원지방법원 안산지원 2021.02.04 2020고단4608
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 July 26, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Sugwon method, and on March 24, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Sugwon method, and on March 24, 2010.

[2] Defendant 1 was under the influence of alcohol concentration of 0.158% on November 6, 2020, while Defendant 1 was in violation of the provision prohibiting driving of drinking alcohol as above, Defendant 2 was under the influence of alcohol concentration of 0.158% on blood around November 6, 2020, and was under the influence of alcohol level of 0.158% on the street in front of Sintitu City and driven approximately 50

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 of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate 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. The reason for sentencing under Article 62-2(1) of the Criminal Act, the risks inherent in drinking itself, the defendant's blood alcohol concentration (0.158) and the driving distance (the purpose of parking was to move for the head).

The sentence shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, sex, environment, motive, means and consequence, etc., taking into account the criminal records of the same kind (three times in total) and the criminal records of the same kind, even though the distance is not long, the risk is not less than that of the driver, and the defendant's age, sex, environment, motive, means and consequence of the crime.

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