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(영문) 수원지방법원 2020.09.11 2020고단3585
도로교통법위반(음주운전)
Text

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

[criminal power] On December 12, 2012, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on November 19, 2013, respectively.

【Criminal Facts】

On May 15, 2020, at around 07:25, the Defendant driven B K5 cars under the influence of alcohol by 0.154% in blood alcohol concentration from the distance of about 10km to the road front of the 1673 administrative driving distance in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, request for appraisal of blood alcohol concentration, and report on the appraisal of an appraiser;

1. Previous records: Application of second-class Acts and subordinate statutes to inquiries into criminal records, etc. and copies of summary orders;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Order to Provide community service and attend lectures is that the Defendant again committed the instant crime despite the fact that the Defendant had been punished for drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the defendant seems to have the attitude to recognize and reflect the crime of this case, and the fact that there is no record of criminal punishment exceeding the fine is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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