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(영문) 수원지방법원평택지원 2020.08.11 2020고단1030
도로교통법위반(음주운전)
Text

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.

Reasons

Punishment of the crime

On February 25, 2014, the Defendant received a fine of KRW 4 million for the violation of the Road Traffic Act from the Suwon District Court as a charge of violating the Road Traffic Act.

On January 15, 2020, at around 21:45, the Defendant, despite the history of drunk driving, driven a DCo-maid maid with blood alcohol concentration of about 0.074% from around 500 meters to the CMoel.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors of sentencing, such as drinking alcohol and driving distance, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc.:

Sentencing factors that are more favorable than a fine: Sentencing factors that are disadvantageous to the absence of a previous record of a fine: criminal records of a four-time fine due to a drunk driving (200, 2002, 2006, 2014).

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