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(영문) 수원지방법원평택지원 2020.09.22 2020고단1398
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 September 1, 2017, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

On June 1, 2020, at around 22:12, the Defendant driven a Bone Star vehicle under the influence of alcohol concentration of about 0.090% from a section of about 1km from the front of the entrance road in the Seo-gu, Seo-gu, Seo-gu, Seocheon-si to the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the new intersection.

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 result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was punished twice a fine due to drunk driving (2004, 2017), and was also driven under the influence of alcohol at the same time.

The driving distance is high, and the driving distance is not short.

Criminal liability is not easy.

However, the defendant reflects his mistake, and the fact that there is no other criminal records other than fines on two occasions due to previous drunk driving, etc. shall be considered as favorable circumstances to the defendant, and other factors of sentencing, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, results, circumstances after the crime, family relationship, etc., shall be determined as ordered by taking comprehensive account of various factors of sentencing.

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