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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2694
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 history] The Defendant was issued a summary order of KRW 1.5 million on November 17, 2006 due to a violation of the Road Traffic Act (drinking driving) in the support of the Sugwon method, and the summary order became final and conclusive on January 11, 2007. On September 28, 2013, the above court issued a summary order of KRW 4 million for the same crime and confirmed on October 29, 2013.

[Criminal facts] On October 22, 2020, the Defendant driven C QM6 car under the influence of alcohol concentration of about 0.081% while under the influence of alcohol level, from the front of the insular road to the front road of the same city B on October 22, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the same kind of power),- Application of a copy of summary order 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant is led to confession and reflects on the grounds of sentencing, the driving of the drinking in this case even before and after two times of drinking driving, and the driving distance is high and the driving distance is not short, and the punishment as ordered shall be determined by comprehensively taking account of various factors of sentencing including the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.

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