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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2723
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On October 8, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Suwon Flag Flag.

[2] Defendant 1 driven a motor vehicle under the influence of alcohol at approximately 0.061% of alcohol in the 1km section from October 28, 2020 to the front road of the court in Pyeongtaek-si at approximately 01:10 on October 28, 2020 again, Defendant 1 driven a motor vehicle under the influence of alcohol at approximately 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

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

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and two times (the year of 2005, the year of 2013) before and after the driving of the instant drinking, despite the reason for sentencing under Article 62-2 of the Order to Attend a lecture, the driving of the instant drinking was conducted again, and the driving distance is high, and the driving distance is not short, the Defendant is breaking his mistake in depth, and the Defendant does not drive the drinking again.

In addition to the fact that the vehicle has been disposed of and the fact that there is no other punishment force other than twice a fine due to the previous drinking driving, the punishment shall be determined as ordered by taking into account the various factors of sentencing, including the defendant's age, sex, environment, occupation, motive for the crime, and circumstances after the crime.

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