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(영문) 수원지방법원 평택지원 2020.01.09 2019고단1365

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

On August 2, 2013, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act in the Suwon District Court's Eunpyeong site.

Nevertheless, on August 24, 2019, at around 00:14, the Defendant driven a F Sti-type car under the influence of alcohol concentration of about 0.066% at approximately 50 meters from the 500-meter section before the front road of the Hospital located in Pyeongtaek-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report;

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

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 execution of imprisonment shall be suspended in consideration of the fact that the defendant with the reason for sentencing under Article 62-2 (1) of the Criminal Act is only the criminal records of a fine for drinking alcohol driving once and the blood alcohol concentration level is not very high, etc., but incidental disposition shall be imposed to prevent recidivism;