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(영문) 수원지방법원 2020.06.18 2019고단7586

A defendant shall be punished by imprisonment for a term of one year and two months.

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


Punishment of the crime

The Defendant, at the Suwon District Court on August 11, 2006, has a record of being sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 16, 2009, a fine of two million won for the same crime in the same court on January 16, 2009, and a summary order of two million won for the same crime in the same court on December 3, 2014.

On August 28, 2019, at around 05:30, the Defendant driven a car with approximately 20 km distance from CK9 to the front side of the Suwon-gu B apartment, Suwon-gu, Suwon-si, Suwon-si, in the vicinity of the subway area, under the influence of alcohol of 0.135% of blood alcohol concentration.

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 Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of 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) the Defendant re-driving the instant blood alcohol level despite the fact that a majority of the Defendant was punished for drunk driving.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the fact that the traffic accident did not occur, the person who was sentenced to a fine is both the person who was sentenced to a fine and the person who was sentenced to a heavy punishment, there was no criminal record after 2014, the fact that there was no criminal record, and the fact that the family is supported by negligence, it is considered that the sentence of

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.