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(영문) 수원지방법원 평택지원 2020.01.09 2019고단1385

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 May 13, 2019, the defendant was issued a summary order of a fine of one million won for the violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site site.

On September 7, 2019, at around 05:59, the Defendant, who was driving once or more, once or more as above, driven a F-learning car under the influence of alcohol with approximately 0.179% alcohol concentration from a section of approximately 900 meters to E in front of the road located in Pyeongtaek-si B until the road located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

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 for the reason of sentencing under Article 62-2 (1) of the Criminal Act repents his mistake and only the defendant has criminal records of a fine for drinking driving once, etc., but incidental disposition shall be imposed to prevent recidivism.