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(영문) 수원지방법원 평택지원 2020.05.08 2019고단1955

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 March 15, 2010, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on March 15, 201, and a fine of KRW 1.5 million for the same crime at the same court on September 20, 201, respectively.

On October 29, 2019, at around 23:35, the Defendant driven C Lasta car with approximately 5 km alcohol concentration of 0.142% from the front day of the Song-si Terminal, which was located in Pyeongtaek-ro 29, Pyeongtaek-ro, Pyeongtaek-ro, Pyeongtaek-si, to the front day of the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (Calculation of alcohol concentration in blood);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes concerning attached data;

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. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively considering the following factors.

The circumstances that are disadvantageous: The driving of a motor vehicle is re-driving in spite of the history of fine two times due to a drunk driving; the blood alcohol concentration level at the time was high; the traffic accident that was caused by a traffic accident that was caused by the defense wall while driving a motor vehicle beyond the center line at the four-lane due to a failure to drive the motor vehicle; the normal circumstances that are favorable to the realization of the risk: the confession and reflect of the crime.