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(영문) 수원지방법원 2020.07.23 2020고단2132
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 26, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on November 5, 2010, a summary order of KRW 1 million for the same crime in the same court, and on September 13, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime and for one year of suspension of execution.

【Criminal Facts】

1. Around 20:05 on March 12, 2020, the Defendant driven a Epoter-II cargo vehicle with a blood alcohol concentration of 0.049% from the 1km section from the road near convenience stores located in Eposisito B to the eposisisito D, while under the influence of alcohol of 0.049%.

2. Around 20:05 on March 12, 2020, the Defendant violated the Road Traffic Act (i.e., the accident) (i., the U.S.) and (ii) drive the said Poter II truck, and (iii) drive the said Poter D road at the parallel of the two-lanes, depending on the parallel of the two-lanes, and (iv) drive the D road at the parallel of the J.S., while under the influence of alcohol, the Defendant was negligent in neglecting the front city, thereby under the influence of alcohol so that he would receive the central separation unit and damage the amount of the unpaid repair cost, and (iv) by that shocking the said cargo to the left-hand side, the Defendant escaped from the cargo vehicle without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accident, reports on the actual state of a driver, reports on the influence of alcohol driving and reports on the results thereof, and photographs of the scene of an accident of a dacting driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (formers and verifications), judgment documents, and summary order application of Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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