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(영문) 수원지방법원 2020.11.24 2020고단6432

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Punishment of the crime

[criminal power] On October 26, 2016, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Suwon District Court on the grounds of the violation of the Road Traffic Act. On January 4, 2017, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the same court.

【Criminal Facts】

On August 31, 2020, at around 23:55, the Defendant driven a car at approximately 4km from the Do adjacent to the T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Although the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, even though the defendant had been punished for driving under the influence of alcohol in 2016 and 2017, the pertinent drinking driving was conducted under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended Act, the nature of the crime is not less complicated.

In light of the fact that the defendant repeatedly commits the same kind of crime in a short period, it seems that there is little awareness of compliance.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the punishment as ordered, shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the