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(영문) 수원지방법원성남지원 2020.09.09 2020고단866
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 1, 2009, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Facts】

1. On October 1, 2019, the Defendant committed the crime on October 1, 2019: (a) around October 19:33, 201, while under the influence of alcohol at around 0.111% of the blood alcohol concentration, driving a 5m section at the C cafeteria parking lot located in Hanam-si B, Hanam-si.

2. On October 1, 2019, around 21:44, the Defendant driven a 3 truck with a 500-meter string of 500 meters water from the C cafeteria parking lot located in Hanam-si B to the road of the F string in Hanam-si, Hanam-si, while under the influence of alcohol at around 21:44, October 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents, and vehicle photographs;

1. Report on the circumstantial statement of each drinking driver (the order 3, 7), each investigation report (the circumstantial report of a drinking driver, 4, 8), each report on the results of the control of drinking driving (the order 5, 9), internal investigation report (the order 11), 112 report handling table, investigation report (the investigation of the distance from the second drinking driving), field photograph, distance interview conducted by a suspect, investigation report (the investigation of the reported details), investigation report (the investigation of the distance from the second drinking driving), investigation report (the status of the report), and criminal investigation report (the investigation of the application of the figure of drinking alcohol measurement);

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of dispositions, and results of confirmation;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act by which the punishment for concurrent crimes subject to punishment for imprisonment is aggravated;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished as stated in the criminal records stated in the judgment as drinking driving, the first drinking driving of the instant case and the occurrence of traffic accidents, and the police officer thereafter.

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