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(영문) 수원지방법원평택지원 2020.09.11 2020고단756

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 November 27, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, from the Suwon District Court’s House as a matter of violation of the Road Traffic Act. On September 23, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

On March 4, 2020, at around 19:10, the Defendant driven a car with a c-fluor under the influence of alcohol concentration of about 0.056% from the 1km section from a road where it is impossible to identify a place below the safe-si dong, Ansan-si Do, to the front road of Ansan-si B.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case