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(영문) 수원지방법원 여주지원 2021.03.23 2020고단1343

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 24, 2017, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act (drinking), etc. on the Libyby the Libyby the Liby Friwon, and was sentenced to a suspended sentence of two years on October 8, 2008. On November 23, 2020, the Defendant was issued a summary order of KRW 1 million for the same crime from the Sungnam branch support on the Libyri branch support on October 8, 2008. On November 23:3:34, 2020, the Defendant driven from the C cafeteria located in Leecheon-si B of Gyeonggi-do to D at approximately 700 meters of alcohol level during blood alcohol level from around 0.064% during the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: The application of an inquiry letter, each written judgment, and statutes;

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. 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 regarding orders to provide community service and attend lectures, committed a second offense without being aware of the past records of punishment four times due to drinking driving, etc.

In particular, on March 24, 2017, a person who was sentenced to a suspended sentence of one year due to drinking or non-licensed driving on one-year imprisonment on one-year basis and was sentenced to a suspended sentence for a long time after the grace period has not elapsed, and thus, is highly likely to repeat

Considering the criminal records of the defendant, it is reasonable to strictly punish the defendant.

However, the defendant reflected the wrong and did not repeat again in the future, and disposed of the vehicle.

At the time, the alcohol concentration of the defendant's blood is not more than 0.064%.

Family members of the defendant want to take the lead of the defendant, and the defendant want to take the lead of the defendant.

It seems necessary to assist the defendant due to the brain disease and visual disability that should be supported by the defendant.

Lastly, the sentencing conditions such as the defendant's age, sex, environment, circumstances, and circumstances after the crime are considered.