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(영문) 수원지방법원평택지원 2020.11.27 2020고단859

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

[Criminal Power] On February 15, 2012, the Defendant was notified of a summary order of a fine of KRW 2 million from the Suwon District Court on the ground of a violation of the Road Traffic Act (driving on Drinking Water).

【Criminal Facts】

On March 22, 2020, around 05:00, the Defendant driven an Eflor vehicle under the influence of alcohol concentration of 0.158% at the section of approximately 1.5 km from the front road located in B where the game was inside, to the front day of D in the event of the game.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle again while under the influence of alcohol.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case