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수원지방법원 평택지원 2020.06.11 2020고단227
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

【Criminal Power】 On July 22, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the Suwon District Court’s House as a matter of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime at the same court on December 6, 2013.

【Criminal Facts】 On October 29, 2019, at around 19:10, the Defendant driven Dribeer Cargo Dried with a blood alcohol concentration of about 0.095% under the influence of alcohol in the 3km section from around Pyeongtaek-si to around C in the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (a summary order related to driving under influence of a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The grounds for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are as follows: (a) the drinking alcohol of this case; (b) the criminal defendant's repeated criminal records; and (c) traffic accidents caused by drinking driving; and (d) the defendant's age, character, conduct and environment, etc., and the punishment as ordered shall be determined by comprehensively considering