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(영문) 수원지방법원 평택지원 2020.06.18 2020고단394
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

[Criminal Power] On October 15, 2010, the Defendant received a summary order of KRW 2 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, around 19:50 on February 12, 2020, the Defendant driven a B-te motor vehicle under the influence of alcohol concentration of 0.137%, and proceeded with approximately 100 meters from the front side of the Pyeongtaek-si apartment house in front of the Pyeongtaek-si C-si apartment zone to the front side of the C-si intersection of Pyeongtaek-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry report, previous records of disposition, and report on results of confirmation - Application of Acts and subordinate statutes governing summary orders;

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. Although there was a history of punishment for one time due to the reasons of sentencing in Article 62-2 of the Criminal Act, the driving of drinking alcohol at the same time was conducted, and the drinking alcohol level of drinking alcohol is considerably high.

However, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, including the confession and depth of the defendant and the fact that there is no record of punishment other than the punishment once for the previous drunk driving.

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