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(영문) 수원지방법원 안산지원 2021.03.11 2020고단3377
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

[criminal history] On May 9, 201, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the support of the Suwon Frigwon, and on January 16, 201, the same court issued a summary order of KRW 5 million as a fine for the same crime.

[2] On July 18, 2020, the Defendant driven a D Poter II truck while under the influence of alcohol leveling 0.261% in the blood alcohol level at approximately five meters in front of the parking lot where “C” food located in Ansan-si Member B, 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. Notification of the result of regulating the driving of drinking posters and drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of the same summary order;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s previous conviction and the time interval from the Defendant, the number of drinking alcohol and the background of driving and detection at the time of the instant case, the driving distance of drinking, the place where drinking was a parking lot, the Defendant’s age, sex, family relationship, occupation, and the circumstances after the instant crime are considered as a whole and all the sentencing conditions specified in the pleadings of the instant case, including the Defendant’s age, sex, family relationship

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