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(영문) 수원지방법원 평택지원 2019.10.10 2019고단1047

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 1, 2008, the Defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the Suwon District Court on the site of Sejong District Court on December 1, 2008, and received a summary order of 2.5 million won of a fine from the Seosan Branch of Daejeon District Court on August 9, 2013 as the same crime.

As above, the defendant has been punished twice or more for a violation of the Road Traffic Act (driving).

Criminal facts

On May 12, 2019, at around 21:55, the Defendant driven a Done Star car with a blood alcohol concentration of about 70k from the section of approximately 70km to the front road of the corporation located in the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant, who violated the Road Traffic Act prohibition regulations not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above regulations.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there exists no record of the same kind of punishment exceeding the fine, the confession and reflect of the crime in this case, and the fact that the blood alcohol concentration has not been high);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);