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(영문) 수원지방법원 2020.10.23 2020고단4176
도로교통법위반(음주운전)
Text

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

On December 28, 2007, the Defendant issued a summary order of a fine of three million won at the Suwon District Court due to a violation of the Road Traffic Act (driving).

Nevertheless, at around 20:58 on June 7, 2020, the Defendant driven a motor vehicle with Crost in the state of alcohol alcohol concentration of about 0.093% from the 1km section to the front of the Myeon Office in the same Myeon area from the front of the Myeon Office located in the Myeon Office in the Dolsung City B.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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. The reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

The defendant has already been punished for being exposed to drinking driving, etc. three times.

However, the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed more than 12 years since the date of the crime of this case, and the defendant still has no record of punishment more than a suspended sentence, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime of this case, and the circumstances after the crime of this case have been committed shall be determined as per the order, taking into account the various circumstances, which are the conditions of sentencing as shown in the records.

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