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(영문) 수원지방법원 성남지원 2021.03.30 2020고단3042
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 October 12, 2015, the Defendant was issued a summary order of KRW 1,50,000,00 as a crime of violating the Road Traffic Act (drinking) in the support for the development of a water source method and the source of water source.

On August 14, 2020, the Defendant driven a FK5 car at a section of about 200 meters from the front side of the road located in Ansan-si B in Ansan-si, Annyang-si, Annyang-si, to the front side of the E stations located in Annyang-si, Annyang-si, Annyang-si, under the influence of alcohol concentration of 0.127% during alcohol during blood transfusion at around 23:05.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant’s legal statement report on the circumstances of the driver who takes charge of driving, notification of the result of crackdown on drinking driving, driver’s license register, tea inquiry inquiry, and previous records of judgment on mandatory insurance: The application of the Acts and subordinate statutes to inquiry, such as criminal history, and investigation report;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the accused acknowledges and reflects the crime; (b) the danger and necessity of driving alcohol and the necessity of punishment; (c) the level of driving alcohol; (d) the Defendant’s age, sex, environment; (d) motive, means and consequence of the crime; and (e) the circumstances revealed in the argument of this case, such as the motive, means and consequence of the crime; and (e

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