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(영문) 수원지방법원 2020.04.09 2019고단8301
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 28, 2014, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and on December 17, 2014 from the Busan District Court’s subsidiary branch branch, the Defendant received a summary order of KRW 5 million, respectively.

【Criminal Facts】

On December 20, 2019, at around 02:14, the Defendant driven a F clinic car under the influence of alcohol with a maximum of 700 meters alcohol concentration of 0.155% from the 700-meter radius to the roads in front of the E Company E Company’s emotional located in S.D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture has the history of being punished two times or more by the defendant, and since June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and the blood alcohol level at the time of drinking driving is not low, and the defendant was punished for driving without a license on several occasions after the driver's license was revoked on August 30, 2019, and the defendant was punished for driving without a license on four months after the driver's license was revoked due to drinking driving in 2014.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has not yet been punished for the same offense, and that there is no record of punishment above the suspended sentence.

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