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(영문) 수원지방법원평택지원 2020.09.22 2020고단1214
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 July 2, 2009, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, at around 20:22 on May 20, 2020, driven a car under the influence of alcohol level of 0.063%, and proceeded with approximately 500 meters from the frontway in Pyeongtaek-si C to the frontway in Pyeongtaek-si E-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records before judgment: Criminal records, etc., inquiry report, previous records of disposition, and report on results of confirmation - Application of Acts and subordinate statutes governing summary orders;

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 Act, even though the defendant was punished for drunk driving, the punishment for the crime of this case is not weak, but the defendant is led to confession and reflect, and there are no other criminal records except twice a fine, etc., as well as the fact that there are no other criminal records, etc. In addition, the previous sentencing factors such as the distance of time between the drunk driving and the drinking driving, the distance between the previous and the previous drinking driving and the previous driving, the defendant's age, character and behavior, environment, conditions after the crime, economic situation, social relation, etc. shall be determined as ordered by a comprehensive consideration.

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