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(영문) 수원지방법원 성남지원 2021.01.12 2020고단3757
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

1. On November 27, 2006, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Ulsan District Court on September 14, 2012.

2. The Defendant, on October 23, 2020, driven a Fcoon C car at approximately 800 meters away from the roads near the library located in Seongbuk-gu, Sungnam-si, Sungnam-si, to the roads front of the E high school located in the same Gu D, while under the influence of alcohol leveling to 0.128% of alcohol level during blood.

Summary of Evidence

1. Application of Acts and subordinate statutes to refer to inquiries, such as a written statement report on the circumstances of the driver who takes the defendant's legal statement, and references, such as inquiry about criminal history as a result of crackdown on drinking driving, and reporting on investigation (the previous records confirmation and page

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant was subject to a fine of around 2006 and around 2012 due to drinking; (b) the Defendant was driving a car under the influence of a second alcohol level not less than 0.128% of alcohol level in the blood transfusion.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, the defendant has no record of crime other than the above previous conviction, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are to be determined in accordance with the order.

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