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(영문) 수원지방법원 여주지원 2021.03.23 2020고단1365
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On July 31, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Friwon Friju.

[Criminal facts] On November 3, 2020, the Defendant driven the E-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Reports on the occurrence of legal traffic accidents by defendants and written statements;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures, committed a second offense without being able to have been punished three times due to drinking driving, etc. in the past.

Moreover, the alcohol concentration of the defendant's blood was very high to 0.289%, and it was also causing considerable damage by shocking two vehicles parked at the time of committing the crime.

However, the defendant reflects the wrong and will not further repeat the crime in the future.

The distance of the defendant's driving was shorter than 150 meters, and there was no loss of human life.

The last criminal record of a defendant is the around July 2009 and has no record of being sentenced to suspended execution or more at reasonable intervals from this case.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as per the order.

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