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(영문) 수원지방법원 2020.04.09 2020고단524
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2015, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 03:20 on January 16, 2020, the Defendant driven DVOX Aba in the state of alcohol alcohol concentration of about 0.109% in approximately 1.5km from the Hanwon-gu B apartment road to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of the driver, investigation report (report on the actual state of the driver), and records of the blood alcohol concentration;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant was punished by a fine due to drinking alcohol, was also driving under the instant case at the same time, and the blood alcohol concentration level was considerably high, and physical damage was also caused.

In addition to these circumstances, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, the fact that the defendant was driving on the Ototoba, and the fact that the defendant complaining of economic difficulties, various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime, shall be determined as ordered.

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