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(영문) 수원지방법원 2020.05.14 2020고단671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 January 26, 2007, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 2 million for a crime of violation of the Road Traffic Act. On February 2, 2018, the Defendant received a summary order of KRW 2 million from the Suwon District Court to the same crime.

【Criminal Facts】

At around 12:30 on November 28, 2019, the Defendant driven a DSS6 car at approximately 3 meters while under the influence of alcohol concentration of 0.153% at the front parking lot located in The G-si Suwon-si B.

Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and output from the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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 grounds of sentencing under Article 62-2 of the Order to Provide community service and attend lectures is that the Defendant, even though there are two occasions of criminal punishment due to drunk driving, was driving a vehicle in this case at the same time and driving a vehicle

As a contact accident occurs, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, there is still no previous conviction in excess of the fine, the result driving distance is short, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, blood alcohol concentration, and circumstances after the crime, shall be determined as ordered.

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