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(영문) 수원지방법원 평택지원 2020.05.21 2019고단1858
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 October 5, 2016, the Defendant issued a summary order of a fine of KRW 3 million to the charge of violating the Road Traffic Act at the Suwon District Court's Eunpyeong site on October 5, 2016.

On November 13, 2019, at around 00:50, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.105% from around 500 meters to the front road of the D apartment at the same time, from around 00:50, the Defendant driven the E rocketing car with the alcohol concentration of about 0.105%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the defendant's wrongness, and there is no other punishment force other than once a fine due to previous drunk driving, and the driving distance is high and the driving distance is not short as much as possible, etc. of the previous and present drinking driving shall be determined by comprehensively taking into account various sentencing factors such as each drinking alcohol level and driving distance, the defendant's age, character and conduct, environment, motive for the crime, family relationship, circumstances after the crime, etc.

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