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(영문) 수원지방법원 2021.01.21 2020고단7932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On January 16, 2009, the Defendant issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

Nevertheless, on November 2, 2020, the Defendant driven a D-wing truck with a distance of about 3 km from 0.122% to 0.12% of alcohol concentration in the blood transfusion around 08:25, while under the influence of alcohol, the Defendant driven a D-wing truck with a distance of about 3 km from 0.12% to 3 km in the front of the e

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Previous convictions in judgment: (A) of a reply to inquiry, such as criminal history, etc.; (2) of a report on investigation (Attachment of a summary order); - Copy of a summary order of about 27555 in Suwon 2016; - Copy of a summary order of about 9332 in Suwon 2009; - Copy of a summary order of about 6575 in Suwon 2008; - Copy of a summary order of about 2002 in Suwon 34858 in Suwon 202; and

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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 reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, even though the defendant had been punished for driving under drinking several times, driving of the instant drinking, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended law, whose statutory penalty is raised, the nature of the crime is not easy.

In light of the fact that the defendant caused an accident while driving alcohol, the risk was also reasonable.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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