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(영문) 수원지방법원평택지원 2020.12.10 2020고단1091

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 9, 2009, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Suwon District Court on October 9, 2009, and was sentenced to a fine of 4 million won for the same crime in the same court on October 26, 2016.

【Criminal Facts】

On May 8, 2020, at around 22:20, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 3 km from the front of the 'C' restaurant in the 'C' to the front of the Ec convenience point in Pyeongtaek-si D, while driving a Fcoo vehicle in the state of alcohol content of about 0.206%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

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 the order to provide community service and attend lectures (0.206%), the defendant's repeated criminal records, the defendant's dangerous driving at the time of the case, and the receipt of a report. The defendant's age, character and conduct, and environment, and other factors of sentencing under Article 51 of the Criminal Act, which are revealed in the records of the case, shall be determined as the order.