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(영문) 수원지방법원 2020.04.02 2019고단6710
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 26, 2015, the defendant was sentenced to a suspended sentence of 6 months for the crime of violation of the Road Traffic Act at the Suwon District Court on August 26, 2015 and was punished for a drunk driving five times.

On October 31, 2019, at around 02:23, the Defendant driven E E E E-cub cars from around 3.8 km to D from around 0.8 km road in E-si in E-si in E-si, while under the influence of alcohol by 0.14%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is five times the Defendant was subject to criminal punishment due to drunk driving. Among them, the Defendant re-offending a crime even though having been sentenced to a suspended sentence of imprisonment in 2015. At the time of the instant case, the blood alcohol concentration level was considerably high, and thus, the sentence is to be imposed since the nature of the relevant crime is inferior.

In addition, the various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, family relationship, criminal records, driving background and distance, and circumstances after the crime, shall be determined as ordered.

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