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(영문) 수원지방법원 평택지원 2021.01.29 2020고단1461

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 26, 2017, the Defendant was notified of a summary order of a fine of KRW 3 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court's branch court on January 26, 201.

On May 31, 2020, the Defendant driven a Da QM6 car while under the influence of alcohol leveling 0.140% in the blood alcohol level from around 700 meters to about 200 square meters in front of Pyeongtaek-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Blue studs and video CDs;

1. Reports on internal accidents;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation, and application of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

Unfavorable circumstances: The fact that the driver re-drivings the driver's license despite the history of punishment for driving under the influence of alcohol; the degree of alcohol concentration at the time of detection was not lowered; eventually, the circumstances favorable to the fact that the driver's license for driving under the influence of alcohol was made by realizing the risk; recognition of crime and reflects it; and there is no other criminal history other than the previous criminal records.