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(영문) 수원지방법원 2020.09.25 2020고단4174
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 June 18, 2010, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, a summary order of KRW 1,00,000 as a fine for the same crime in the same court on May 20, 2015, and a summary order of KRW 7,00,000 as a fine for the same crime in the same court on August 26, 2015.

【Criminal Facts】

At around 22:10 on June 19, 2020, the Defendant driven DCA 110V Oba while under the influence of alcohol level of about 0.137% in the section of about 1km from the front of the C&A to the front of the C&A.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Criminal records, etc. inquiry reports and application of summary order-related Acts and subordinate statutes;

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 defendant's reasons for sentencing of Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, despite the fact that the defendant had been punished several times due to drinking driving, once again commits the crime of this case is disadvantageous to the defendant

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment exceeding the fine is favorable 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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