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(영문) 수원지방법원 평택지원 2020.02.18 2019고단1929

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 December 20, 2013, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On October 21, 2019, at around 22:30, the Defendant driven C Poter Cargo Vehicles with the blood alcohol concentration of about 0.106% from the 5km section to the front road of Pyeongtaek-si.

As a result, the defendant 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 records, etc. inquiry reports and investigation reports (attached to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 in consideration of the fact that the defendant with the reason for sentencing under Article 62-2 (1) of the Criminal Act includes only one time a fine for drunk driving and has no record of the crime or heavier than a fine for other crimes, and an incidental disposition shall be imposed to prevent the second offense;