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(영문) 수원지방법원 안산지원 2021.03.18 2020고단5127
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 June 3, 2019, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the methods of water sources and Ansan.

On November 14, 2020, the Defendant driven an E- cr-port 2.0 malel vehicle at approximately 5km from around 0.067% alcohol concentration among blood transfusions to around D-road located in ASEAN-gu, Yananan-si.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver placed in the main oral statement, reply to inquiry about the criminal history of drinking restrictions, and the application of summary order statutes;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;

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. Article 62-2(1) of the Criminal Act of the Order to Attend a lecture takes into account the risk of driving alcohol on the grounds of sentencing, the degree of alcohol during blood transfusion, driving distance, the same criminal record and the existence of accidents, and other factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as above.

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