(영문) 수원지방법원 성남지원 2021.01.28 2020고단3047

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(영문) 수원지방법원 성남지원 2021.01.28 2020고단3047

도로교통법위반(음주운전)

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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 March 20, 2009, the Defendant was issued a summary order of KRW 7 million from the Suwon Friwon to a fine of KRW 1 million for a violation of road traffic law (drinking driving), on June 7, 2010, a fine of KRW 3 million for the same crime, etc. at the Seoul Central District Court, and on June 16, 2014, a fine of KRW 7 million for the same crime, respectively.

[2] Although Defendant 1 had the record of violating Article 44(1) of the Road Traffic Act, Defendant 2 again driven a car from approximately 6 meters in approximately 6 meters in front of the “C” road located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, under the influence of alcohol content of 0.210% on August 16, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime of drinking alcohol driving even though he/she had a record of being punished for driving under drinking.

Considering the fact that the power of punishment for drinking driving is three times, that the degree of main driving is not less than that of the other less than that of the other less than that of the other less than that of the other less than that of the other less than that of the other less than that of the other.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and means of crime, etc., shall be determined as the sentence.

참조조문

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