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(영문) 수원지방법원 평택지원 2019.11.22 2019고단933

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 July 18, 2019, the defendant was issued a summary order of a fine of 4 million won on the site of Suwon District Court due to a violation of the Road Traffic Act (driving).

On June 29, 2019, at around 21:11, the Defendant driven a car in the state of alcohol of about 1km with blood alcohol concentration of about 0.085% from the 1km section to the entrance of the place of put in place, the female community center located in the Ansan-si, Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to a copy of summary order in the ordinary housing site class 2019 high-level 3593;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the provision of drinking alcohol in this case, the same criminal records of the defendant, the circumstances leading to the driving of drinking alcohol in this case, and other various sentencing conditions under Article 51 of the Criminal Act as indicated in the records of this case, including the age, character and conduct of the defendant, shall be determined as ordered