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(영문) 수원지방법원 평택지원 2019.10.24 2019고단1033

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 July 1, 2015, the Defendant received a summary order of KRW 1,50,00,00 from the Suwon District Court as a crime of violating the Road Traffic Act.

On July 18, 2019, at around 02:32, the Defendant driven a F string car from the front of the “C” road located in Pyeongtaek-si B to the front of the “E” road located in the same city D, in approximately 1.5km to the front of the “E” road located in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 with prison labor shall be suspended in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 (1) of the Criminal Act, including the fact that the defendant has driven in the state of detention, the fact that the defendant has a criminal record due to drinking driving once, and there is no other criminal record exceeding the past fine, but an incidental disposition shall be imposed to prevent recidivism;