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(영문) 수원지방법원 2020.12.18 2020고단6933

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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 June 20, 2016, the defendant issued a summary order of KRW 5 million to the violation of the Road Traffic Act at the Suwon District Court on June 20, 2016.

On September 13, 2020, at around 00:17, the Defendant driven a d bargaining vehicle with approximately KRW 50 meters of 00 meters of alcohol while under the influence of alcohol of 0.121% of alcohol content, from the G side of the Heungungung-gu C (Sungung-gu) to the C store in front of the store in B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the inspection of occurrence of a case, and a report indicating 112 cases;

1. Report on the circumstantial statements, investigation report, etc. of a host driver;

1. Records of ruling: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes attached to the same type of power judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) which select the penalty for imprisonment;

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;

The possibility of criticism is also high in that the Defendant, who had been found to have been subject to punishment on four occasions due to drinking driving, etc., without being aware of the history of such punishment (including a previous conviction of suspension of execution of punishment).

On the other hand, although the distance from the defendant's driving is not driving, it is merely because the defendant caused the contact accident immediately after the commencement of driving.

However, the defendant recognized the crime of this case and divided his mistake, and the 2004 period of drinking driving of the defendant has passed since the date of the crime of this case, and the age, health status, character and behavior, environment, motive, means and result of the crime of this case, and the age, health conditions, character and behavior, environment, motive and means of the crime of this case.