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(영문) 수원지방법원 평택지원 2020.05.21 2019고단1843

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

[Criminal Power] On July 13, 2017, the Defendant was notified of a summary order of a fine of KRW 4 million at the Seoul Northern District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 22:50 on October 9, 2019, the Defendant, while under the influence of alcohol 0.162% ( Blood Appraisal Results), driven a vehicle Enbood in a section of about 50 meters from the 50-meter radius before the alcohol house in Pyeongtaek-si B to the road in front of the same city.

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. inquiry reports (A) and investigation reports (verification of the same criminal records of a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 sentencing of Article 62-2 of the Criminal Act on the grounds of the sentencing of the order to provide community service and attend lectures (0.162%), the same criminal records of the defendant, and other various sentencing conditions under Article 51 of the Criminal Act on the records of this case, including the defendant's age, character, conduct and environment, shall be determined as ordered by taking into account the following factors