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(영문) 수원지방법원 2020.10.16 2020고단3450
도로교통법위반(음주운전)
Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 21, 2015, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court.

around 22:15 on April 30, 2020, the Defendant driven a F Sti-type car with approximately 50 meters alcohol concentration of 0.097% under the influence of alcohol level from the 50m section from the front of the road located in the Sti-si B to the front of the road located in the same city D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

around 01:55 on June 11, 2020, the Defendant driven a F Spart car at approximately 300 meters away from the H apartment in the vicinity of the G commercial building in the state of alcohol of about 0.045% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

"200 Highest 3450"

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, a notice of the results of the drinking control, and a report on internal investigation;

1. On-site photographs "20, 4156";

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment on enforcement site photographs: Criminal records, etc., inquiry reports, investigation reports (Attachment to the summary order of the same kind of power), and application of Acts and subordinate statutes written in indictment for summary order;

1. Relevant provisions of the Act on Criminal Facts, the choice of punishment, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving) and the choice of imprisonment, respectively;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing of Article 62-2 of the Act on the Order of Community Service and Order to Attend the lecture, even though the defendant had been punished for drunk driving as stated in its reasoning, he again carried out drinking driving on April 30, 202, and the crime is committed.

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