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(영문) 수원지방법원 성남지원 2021.03.11 2020고단2926
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

[criminal history] On November 30, 2004, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on December 20, 2012, the Defendant issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at the Sungnam branch support on December 20, 201. On January 24, 2013, the Defendant was sentenced to a fine of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at the Sungnam branch support by the Suwon branch of Suwon branch of the Seoul Metropolitan City.

[2] On July 7, 2020, the Defendant, at around 13:05 on July 7, 2020, driven C K7 cars with alcohol concentration of at least 0.085% during blood alcohol level from the front of Gwangju City to the third 1510 o.e., from the front of Chungcheongnam-si to the 1510 o.e., the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's report on the result of regulating driving of drinking alcohol and his/her statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the following circumstances and the Defendant’s age, sex, environment, motive and circumstance of the crime, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and the conditions of sentencing as ordered

Unfavorable circumstances: The same record was three times, but recidivism was made.

The favorable circumstances reflects crimes.

After the previous drinking, the person was returned to Korea using the substitute engineer, and the person was committing the crime due to the night driving.

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