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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2690
도로교통법위반(음주운전)
Text

A 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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On August 12, 2008, the Defendant was sentenced to a fine of KRW 1,500,000 to a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House site site.

[2] On August 26, 2020, the Defendant driven a Erenic car under the influence of alcohol while under the influence of alcohol at approximately 0.067% of alcohol level from the front side of the “C cafeteria” in Gyeonggi-si B to the front day of D 2.8km in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and report on the circumstances of the driver at home, etc.;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (suspects and criminal records of the same kind of crime),- Application of summary order two Acts and subordinate statutes;

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. In light of the fact that even though a fine is high twice due to the driving of drinking alcohol on the grounds of sentencing in Article 62-2 of the Criminal Act, the pertinent drinking driving was conducted at once, and the driving distance is relatively high, the driving distance is considerable, and the driving distance is regulated, and the head of the police changed the position with the wife who was the chief of the police, and the police investigation was denied the driving.

However, it shall be considered in favor of the fact that the defendant recognizes his mistake and reflects his mistake, and that there is no other punishment force except twice the fine due to the previous drinking driving.

Other factors for sentencing, such as the defendant's age, sex, environment, occupation, motive for driving alcohol, circumstances after the crime, family relationship, etc., shall be determined as the sentence.

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