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(영문) 수원지방법원 평택지원 2020.06.26 2019고단1875

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 1, 2010, the Defendant issued a summary order of a fine of three million won at the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of 2.5 million won on January 13, 2017 from the Suwon District Court’s Housing Site Board to the same crime.

【Criminal Facts】

On October 31, 2019, at around 23:39, the Defendant driven a F Sti-type car at a level of approximately 500 meters alcohol concentration of about 0.122% from the front of the C Reading Office located in Pyeongtaek-si B to the front of the E-type restaurant located in D in the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of drinking control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case