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(영문) 수원지방법원 2020.02.06 2019고단6882
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

【Criminal Power of Crimes】 On May 21, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on May 21, 2008, a summary order of KRW 5 million for the same crime in Suwon District Court’s Ansan Branch on June 7, 2013, and a summary order of KRW 7 million for the same crime in Suwon District Court’s Ansan Branch on October 27, 2016, respectively.

【Criminal Facts】 The Defendant, as a person who violated the prohibition of drunk driving as above, driven a DM3 vehicle under the influence of alcohol at approximately 1.4km from the front side of Suwon-gu, Suwon-si to the front side of Suwon-si, Suwon-si, Suwon-si, to the front side of Suwon-si, the Defendant was under the influence of alcohol at least 0.095% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions: References to criminal records and investigation reports (verification of suspect's previous convictions) and Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant had been punished several times due to drunk driving, but he/she re-driving.

The defendant has been punished twice for driving without a license.

The blood alcohol level of the instant case is not low.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant seems to have committed the crime, the occurrence of a traffic accident, the fact that the defendant's drinking and non-licenseing all were punished by a fine, the fact that the defendant's family members did not have any particular criminal record, and the fact that the defendant's family members want to take the action, the sentence of the defendant's imprisonment is somewhat harsh.

Other records of this case.

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