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(영문) 수원지방법원여주지원 2020.08.12 2020고단684

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 October 30, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 24, 2020, the Defendant driven a F Sti-type car at a distance of about 7.5 km from the front of the Crout pool in Ischeon-si B to the front road in Ischeon-si D, while under the influence of alcohol of 0.082% of blood alcohol level around 21:22.

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

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the investigation report of the drinking driver, the inquiry into the results of the regulation of drinking driving, and the report on the status of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same kind of force for driving a suspect under influence);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 62-2 of the Criminal Act Article 62(1) of the Act on Probation and Order to attend a lecture under Article 62(1) of the Act on the Suspension of Execution was that the Defendant drives under drinking again

However, all of the drinking driving power is 6 years prior to the lapse of 6 years.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.