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(영문) 수원지방법원안양지원 2020.10.16 2020고단1128
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

At around 13:20 on May 31, 2020, the Defendant driven a F Poter Cargo with the blood alcohol concentration of 0.275%, while he was under the influence of alcohol, from the street in front of the Gu to the street in the same Gu D during the Ansan-si period, from the street in front of the Gu to the street in front of the store in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. The Defendant, who was sentenced to a sentence, was driving under the influence of alcohol at 0.275%, and caused two physical damage resulting therefrom, and the risk of driving under the influence of alcohol was realized.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the accused is erroneous, that there is no criminal record exceeding the fine, that there is a history of drinking driving, but that it has been 15 years ago, and other various sentencing conditions.

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