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(영문) 수원지방법원 2020.08.14 2020고단2914
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 September 18, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act from the Suwon District Court. On March 9, 2010, the Defendant was sentenced to a suspended sentence of KRW 1 million for the same crime, etc. on March 9, 2010. On October 7, 2015, the Defendant received a summary order of KRW 7 million for the same crime from the Suwon District Court.

【Criminal Facts】

On April 25, 2020, at around 01:42, the Defendant driven a e-car in the state of alcohol alcohol concentration of approximately 0.118% from the 1km section to the 2nd underground parking lot of the D apartment underground in Suwon-si, Suwon-si, Suwon-si, the Defendant driven a e-car in the state of alcohol alcohol level of about 1km.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Measuring instruments and photographs;

1. Records before judgment: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to report prior to each disposition and results of confirmation;

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 Criminal Act lies in the circumstances favorable to the defendant that the defendant recognizes the crime of this case.

On the other hand, as stated in its reasoning, the Defendant committed the instant crime even though he/she had been punished several times due to drinking driving, and the fact that there is no motive or circumstance to take into account the instant crime is disadvantageous 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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