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(영문) 수원지방법원 안양지원 2021.02.05 2020고단1804
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 March 7, 2008, the Defendant was issued a summary order of KRW 5 million by the same court on February 6, 2009 due to a violation of the Road Traffic Act (drinking driving), such as a violation of the Road Traffic Act (drinking driving), a fine of KRW 3 million by the same court on February 6, 2009, and a violation of the Road Traffic Act (drinking driving) at the same court on March 13, 2009.

On September 2, 2020, the Defendant driven D Poter II truck under the influence of alcohol leveling to approximately 0.140% of alcohol leveling from approximately 2km section of approximately 0.140% of blood, from around 23:30 on September 2, 202, from around 199 to 3rd Mana-si C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. The defendant, who has been sentenced to a sentence of imprisonment, once again drives a drinking even though he/she had the history of fine three times due to drinking, but has the history of ten years prior to the driving, reflects the mistake, and determines the punishment as ordered by taking into account various sentencing conditions.

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