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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1612
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] The Defendant was sentenced to a fine of KRW 5 million on October 24, 2014 to a crime of violating the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House site site site.

[2] On June 11, 2020, the Defendant driven a D-free car under the influence of alcohol concentration of about 2.7 km from the front of Pyeongtaek-si B to the front of Pyeongtaek-si C, while under the influence of alcohol level of about 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

D. Unfavorable circumstances: The driving of a motor vehicle again was conducted despite the power already punished for the driving of the motor vehicle; the alcohol concentration level at the time of the detection was not lowered; and the risk of the driving was not significant in light of the circumstances of the detection.

The circumstances that can be seen as favorable: The recognition of and reflects the crime, and the fact that there is no other criminal records other than the previous criminal records.

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