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(영문) 수원지방법원 2020.09.11 2020고단3801
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 February 29, 2016, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On May 30, 2020, at around 22:35, the Defendant driven a D Blue car in the state of alcohol alcohol concentration of about 0.137% at the section of approximately 1.5 km from the front of Suwon-si B apartment at Suwon-si, Suwon-si to the front of Suwon-si, Suwon-si C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

However, the defendant recognized the crime of this case and divided his mistake, the 2004-year period of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has no record of criminal punishment except for the two-time fines, and the defendant has no record of criminal punishment, and the punishment as ordered shall be determined by taking into account various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc.

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