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(영문) 수원지방법원 2020.09.11 2020고단3937

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 31, 2011, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court.

On May 17, 2020, the Defendant, at around 13:00, driven a spke car with a blood alcohol concentration of about 0.119% under the influence of alcohol at about 1km from the front of the wife population B to the D parking lot located in the same Gu C, the Defendant violated the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of detection report and 112 report;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Records of judgment: Criminal records, reply reports, and application of one copy of judgment to the Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

In light of the fact that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been parked in the

However, the sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., that the Defendant recognized the crime of this case and divided his mistake, that the 2000-year period during the influence of drinking driving of the Defendant passed since the date of the crime of this case, that the Defendant has no record of punishment more than the suspended execution, and that there is no record of punishment yet.