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(영문) 수원지방법원평택지원 2020.08.14 2020고단391
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on April 20, 207, the same court on February 27, 2008, the fine of KRW 1.5 million as the same crime, and the fine of KRW 5 million as the same crime in the same court on January 26, 2015, respectively.

As above, the Defendant, even three times of the punishment force for drunk driving, driven the B-wing three vehicles with a blood alcohol concentration of 0.063% at around 00:30 on January 14, 2020, and proceeded with approximately 3 km from the 2nd-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: A inquiry inquiry report including criminal records, each disposition not before the disposition, reporting on the results of confirmation, and application of Acts and subordinate statutes governing a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

The circumstances at a disadvantage: The fact that a person has already been punished for a fine of three times due to a drunk driving, who drives under the influence of alcohol again, is found to have been more likely to enter an expressway in the state of drinking without the short driving distance: The fact that the crime is recognized and reflected, and that the blood alcohol concentration level at the time of detection is relatively high.

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