(영문) 수원지방법원평택지원 2020.11.13 2020고단1033

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원평택지원 2020.11.13 2020고단1033

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

On May 24, 2018, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on May 24, 2018.

Nevertheless, at around 02:20 on April 25, 2020, the Defendant driven a car with approximately 300 meters of alcohol level 0.151% under the influence of alcohol level 0.151% from the roads near Pyeongtaek-si B to the front of C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial reports on the drivers, the circumstantial statements of the drivers, and the investigation reports (the circumstantial reports on the drivers);

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

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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.

Unfavorable circumstances: The fact that the driving of a motor vehicle has repeatedly been subject to a fine twice due to the driving of the motor vehicle, despite the history of the charge, and the circumstances leading up to the detection and the degree of the degree of danger caused by the driving of the motor vehicle in light of the blood alcohol level at the time: The fact that the crime is recognized and reflects, and there is no circumstance that the risk

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