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(영문) 수원지방법원평택지원 2020.10.23 2020고단1468

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 16, 201, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act in the application of the Gwangju District Court for the Magpoon on August 16, 201.

【Criminal Facts】

On May 28, 2020, the Defendant, as a person who had driven once or more as above, driven a FSz-man-man car in the state of alcohol with approximately 500 meters alcohol concentration of 0.143% from the front side of Pyeongtaek-si B to the front side of E located in the same city D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to the previous records and related summary orders);

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case