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(영문) 수원지방법원 평택지원 2020.06.04 2020고단76

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 January 31, 2007, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on January 31, 2007

【Criminal Facts】

On December 7, 2019, at around 22:05, the Defendant driven a DNA car with approximately 800 meters alcohol concentration of 0.233% while under the influence of alcohol in the section of about 800 meters from the roads adjacent to Pyeongtaek-si B to the roads adjacent to the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not yet made, and results of confirmation;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the Defendant’s age, character, conduct and environment, etc., the sentence as ordered under Article 51 of the Criminal Act shall be determined by comprehensively taking account of the following factors: (a) the level of drinking alcohol (0.23%) of the instant case; and (b) the Defendant’s criminal records