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(영문) 수원지방법원 평택지원 2021.01.07 2020고단1874
도로교통법위반(음주운전)등
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

On February 24, 2014, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 24, 201.

The Defendant, at around 22:20 on January 26, 2020, operated a B-house under the influence of alcohol level of about 0.08% during blood alcohol level from approximately 2 Km to about 32 Scenic Dom 63, Pyeongtaek-si, located in the vicinity of Pyeongtaek-si, Pyeongtaek-si located in 245.

As a result, the Defendant, who was punished for drinking driving, operated a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on suspect drinking driving force;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had twice a fine due to driving of drinking alcohol (2006, 2014), but he/she was driving a drinking at once despite his/her previous convictions (2006, 2014), and the driving distance is high, and the driving distance is also reasonable.

In addition, this case's drinking driving has caused a traffic accident.

However, the defendant is deeply divided into his mistake.

In addition to these circumstances, a punishment shall be determined as ordered in comprehensive consideration of various sentencing factors, including the defendant's age, sex, environment, family relationship, and circumstances after the crime.

Rejection of Public Prosecution

1. The Defendant in this part of the facts charged is a person engaging in driving service of B automobiles.

On January 26, 2020, the Defendant operated the said car in Scenic Zone 63 Spatiale-ro 32 Doo-ro 62 Doo-ro in Pyeongtaek-si around 22:20 on January 26, 202, and is the C market room from the bed.

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