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(영문) 수원지방법원평택지원 2020.11.20 2020고단814
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 2, 2016, the Defendant was issued a summary order of KRW 1.5 million from the Daejeon District Court's Branch of the Daejeon District Court to a fine of KRW 1.5 million, and a fine of KRW 2 million from the Daejeon District Court to the same crime on November 1, 2010.

【Criminal Facts】

On April 3, 2020, at around 14:50, the Defendant driven a D-hurb-p-p-p-p-p-p-p-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-n-k-n-n-n-k-n-k-n-k-n-k-n-k-n-k-k-n-k-n-k-k-n-k-n-k-

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and the application of statutes governing attached data;

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. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, and all factors of sentencing as shown in the argument of the instant case, including the circumstances after committing the crime.

Unfavorable circumstances: The fact that the driver has already been sentenced to a fine not more than four times due to drinking driving, and the fact that the driver has repeated driving without being sentenced to a fine, and the circumstance that the driver seems to have considerable risk due to driving in light of the circumstance of detection: The fact that the crime is recognized, and there is no circumstance that the risks due to driving are realized

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