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(영문) 수원지방법원성남지원 2020.12.09 2020고단3044

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

[criminal power] On May 20, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, on November 24, 2009, to a summary order of KRW 4 million for the same crime from the Sungnam branch of the Suwon District Court to a summary order of KRW 4 million for the same crime, and on September 13, 2012, to a suspended sentence of six months for the same crime.

【Criminal Facts】

Around 00:26 September 6, 2020, the Defendant driven a G4schton car at approximately 20 meters away from the front factory in Gwangju City to the same place at the front factory in Gwangju City, while under the influence of alcohol of 0.24% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the result of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

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 Act, including probation, community service order, and order to attend a lecture, the Defendant again committed the instant crime even though he had the record of drinking driving three times as indicated in the judgment, and was also a traffic accident causing physical damage while driving the instant drinking, and the relevant drinking water reaches 0.242%, and the responsibility is very heavy.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, including the fact that the defendant is going against the truth and is expected not to drive under the influence of alcohol again, that the distance of the defendant's driving is relatively short, that there is a family member to support the defendant, that there is a family member to support the defendant, that the last drinking record of the defendant's driving under the influence of alcohol was 2012.