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(영문) 수원지방법원 2020.09.25 2020고단3736
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On April 22, 2009, the defendant was sentenced to a suspended sentence of 1 year to 4 months of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on April 22, 2009, and 2 years of a suspended sentence of 6 months in the Suwon District Court on October 20, 2016. On August 20, 2020, the defendant was sentenced to a suspended sentence of 2 years of imprisonment with prison labor for a special injury on August 28, 202, and the judgment became final and conclusive on August 28, 2020.

【Criminal Facts】

On May 18, 2020, the Defendant, at around 00:00, driven a car with a blood alcohol concentration of about 0.140% at the section of about 25 km from the insular area to the insular apartment in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and violated the prohibition of drinking or drinking alcohol refusal on at least two occasions.

Summary of Evidence

1. Partial statement of the defendant;

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. Scenic photographs;

1. Previous records: Criminal records, etc. inquiry reports and the application of two copies of written judgments and other 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. The latter part of Articles 37 and 39 (1) of the Criminal Procedure Act (the crime of special injury and the crime of special injury which have become final and conclusive in the judgment);

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

1. The Defendant again committed the instant crime even though he/she had the record of punishment several times due to drinking driving, including the previous conviction in the judgment, and the fact that the distance of drinking driving is very high is disadvantageous to the Defendant.

On the other hand, the facts of the crime of this case appear to be recognized as a substitute and reflective attitude, and the fact that the defendant would not repeat the crime of this case by selling a vehicle used for the crime of this case, and the equality with the case where the judgment is rendered concurrently with the special injury crime of this case.

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