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(영문) 수원지방법원 안양지원 2021.02.17 2020고단1895
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 9, 2017, the Defendant was issued a summary order of KRW 5 million due to a violation of road traffic law (dacting driving) in the support for the development of the Suwon Friwon method.

[2] On September 15, 2020, the Defendant driven B 3 automobiles under the influence of alcohol level of about 0.133% in blood alcohol level from the section of about 4.6 km to the front road of the 57-2 fugitive high-speed road, both of which are in front of the main place where it is impossible to find out the trade name near the main place of the Suyang-dong, Suyang-dong, Goyang-dong, the main place where it is impossible to view the trade name near the main place of the Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking, notification of the results of regulating drinking driving, and investigation report (verification of driving distance);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving force of drinking and attaching a summary order);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are against the defendant's recognition of the crime, the criminal records, blood alcohol concentration, driving distance, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all the conditions for sentencing as shown in the arguments in the instant case, including the circumstances after the crime, shall be determined as ordered by considering the following factors.

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