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(영문) 수원지방법원 평택지원 2021.02.05 2020고단1466

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On March 13, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law at the Suwon Flag Flag on March 13, 2013, and was sentenced to a fine of five million won for the same crime in the same court on July 15, 2015.

[2] On May 17, 2020, the Defendant driven a DNA 2 km section from the apartment parking lot of Pyeongtaek-si B to the front road of Pyeongtaek-si C, while under the influence of alcohol leveling 0.210% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

D. Unfavorable circumstances: The driving of drinking by repeating the person without being subject to punishment two times or more due to driving of drinking; the level of alcohol concentration at the time of detection; ultimately, the level of the risk was extremely high; the circumstances favorable to the fact that the traffic accident caused the street during operation by realizing the risk; the fact that the crime is recognized and reflected; and the fact that there is no previous conviction exceeding the fine.