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(영문) 수원지방법원 평택지원 2019.05.16 2018고단2118

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong site, and on February 3, 2016, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

around 04:55 on October 7, 2018, the Defendant driven a DNA car with a blood alcohol content of about 0.079% while under the influence of alcohol from about 300 meters to around C of the same city.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol again as a person who has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 execution of imprisonment with prison labor shall be suspended, taking into account only the fact that the defendant with the reason for sentencing under Article 62-2 (1) of the Criminal Act has committed an offense committed on two occasions, but an incidental disposition shall be imposed to prevent the second offense;