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(영문) 수원지방법원평택지원 2020.09.10 2020고단596

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 May 18, 2012, the Defendant received a fine of KRW 2 million from the Suwon District Court on the ground of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 26, 2020, at around 02:29, the Defendant driven a F knife car with approximately 150 meters alcohol level 0.113% under the influence of alcohol level from the front side of the “Ckju store” in Pyeongtaek-si B to the front side of the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (the confirmation of the same criminal records);

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in drinking alcohol in this case, the defendant's repeated criminal records, traffic accidents that shock the central separation unit, and the defendant's age, character and conduct, and environment, and other factors of sentencing under Article 51 of the Criminal Act, which are recorded in the records of this case, shall be determined as ordered by taking account of the