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(영문) 수원지방법원 2020.10.22 2020고단4942

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 10, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on March 25, 201, a fine of KRW 3 million in the same court as the same crime, and a fine of KRW 1.5 million in the Seoul Central District Court on October 24, 201, respectively.

【Criminal Facts】

At around 00:00 on July 3, 2020, the Defendant, while under influence of 0.108% of blood alcohol concentration at the 6th floor underground of the building C Dong-dong, Suwon-gu, Suwon-gu, Suwon-si, the Defendant was driving at approximately 30 meters of DNA automobiles, and committed a violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and record of the measurement of drinking;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished by a fine on three occasions due to drunk driving, and the Defendant was also driving under the influence of alcohol at the same time.

At the time of the case, blood alcohol concentration was considerably high, and even in the underground parking lot, the distance of driving was relatively short.

Even if there was no risk of an accident.

However, considering the fact that the defendant is led to confession and reflect, there is still no previous conviction in excess of the fine, the place of the accident was returned to Korea through an agency engineer, and the operation of a short distance, etc., various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, and circumstances after the crime, shall be determined as ordered.