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(영문) 수원지방법원평택지원 2020.09.18 2020고단683
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 18, 2011, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

Although the Defendant had a punishment force for drunk driving once, on March 20, 2020, at around 17:15, the Defendant driven B 2 cargo vehicles with a blood alcohol concentration of 0.142% while under the influence of alcohol at around 0.15, and proceeded with approximately 30 meters at Pyeongtaek-si C Apartment Ddong Underground Parking Lots.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, etc., inquiry report, previous records of disposition, report on results of confirmation, and application of Acts and subordinate statutes governing a summary order;

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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

Unfavorable circumstances: The fact that a person has been subject to a fine twice due to a drunk driving even though he/she had already been sentenced to a fine, is driving again, and the circumstances leading up to the detection and the high blood alcohol level at the time have been considerable in terms of the degree of danger resulting from the driving: The fact that the person has recognized and reflected the crime, and the previous previous criminal records of the previous criminal records have no special criminal records for about nine years after around 201.

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