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(영문) 수원지방법원 2020.11.26 2020고단5961
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 201, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act (driving) at the Suwon District Court on August 18, 201, and the same power has three times more.

[Criminal Facts of Crimes] Around 01:20 on August 8, 2020, the Defendant driven D class III truck with the blood alcohol concentration of about 150 meters from the front road of Suwon-si, Suwon-si to the front road of the same Gu C, while under the influence of alcohol of about 0.234%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, and record sheet on drinking alcohol measurement;

1. Previous records: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes attached to the same type of power judgment;

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant was punished four times due to drunk driving, and the drinking driving of this case was conducted at the same time, and the blood alcohol concentration concentration level at the time was very high and caused the contact accident. The nature of the crime is not good.

However, in light of the fact that the defendant is led to confession and reflect, the part of the above previous and previous subparagraphs is relatively old, and there is no criminal record yet exceeding the fine, the damage is recovered, etc., and other various sentencing conditions specified in the records and arguments, such as the defendant's age, attitude, environment, driving background and distance, circumstances after the crime, etc., shall be considered, and the punishment shall be determined as ordered.

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