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(영문) 수원지방법원 평택지원 2020.06.18 2020고단152

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 January 13, 2010, the Defendant received a summary order of KRW 1 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 30, 2019, at around 21:09, the Defendant driven a Fran vehicle while under the influence of alcohol with approximately 200 meters alcohol concentration of 0.053% from the parking lot “C” located in Gyeonggi-si B to the roads of “Egy” located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (verification of the same criminal records),- Application of Acts and subordinate statutes of one summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act are confessioned and reflected in the sentence, and the punishment shall be determined as per the order, comprehensively taking into account various factors of sentencing, including the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, economic leisure, etc., including the time interval between the time of the previous drinking driving and the time of the drinking driving, the previous and previous drinking driving level, driving distance, etc.