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(영문) 수원지방법원 2020.04.27 2019고단7658
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 November 14, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on November 14, 201.

【Criminal Facts】

On November 9, 2019, at around 08:55, the Defendant driven a CP car in the state of alcohol alcohol concentration of about 0.075% from the 3.5km section of approximately 3.5 meters away from the 08:55 meters away from the gr3.5km-si Busan Metropolitan City to the front road of Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished twice due to drunk driving, but he again driven a motor vehicle, and the occurrence of a traffic accident.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and reflects the above drinking, the sentence of the defendant's punishment is harsh in light of the circumstances that are favorable to the defendant, such as the fact that the defendant was sentenced to a fine, all of which are subject to the above drinking, there are no other criminal records, there is no other person due to traffic accident, the fact that the physical damage was recovered,

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.

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