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(영문) 수원지방법원 평택지원 2021.02.26 2020고단1788
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 24, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House on December 24, 201.

[2] On June 11, 2020, the Defendant driven the B rocketing car under the influence of alcohol leveling 0.214% from the 1km section from the front of the non-exclusive restaurant in the name of Pyeongtaek-si to the front of the same Si-dong Handong apartment road from around 00:25 on June 11, 2020 to the shooting distance of the non-exclusive apartment.

Accordingly, the defendant was driving a drinking not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The circumstances at a disadvantage: The one who has already been punished by a fine twice due to drinking, drives a drinking again, which is extremely high blood alcohol concentration; ultimately, the one who causes a traffic accident that causes other vehicles by realizing the risk, is more favorable: The one who acknowledges the crime and reflects it, and the other who commits a second offense after a considerable period of time has elapsed from the time of the previous criminal record of the same kind.

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