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(영문) 수원지방법원 평택지원 2019.10.24 2019고단1045

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 June 22, 2007, the Defendant received a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act from the Suwon District Court.

On July 8, 2019, at around 06:39, the Defendant driven a Kancheon in the state of alcohol with approximately 2 km alcohol concentration of about 0.084% from the 2km section to the front of the 64 knife, from the front of the knife, at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type 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. Probation, community service order, and order to attend a lecture under Article 62-2(1) of the Criminal Act, inasmuch as the defendant for the reason of sentencing again commits the instant crime even though he/she was punished for a drunk driving, the nature of the instant crime is not good, but the execution of imprisonment is suspended mainly considering the fact that he/she has no past record of crime exceeding the previous fine, and an incidental disposition is imposed to prevent recidivism;