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(영문) 수원지방법원 평택지원 2021.03.05 2020고단1924
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 13, 2015, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court as a crime of violating the Road Traffic Act (drinking).

[2] On June 12, 2020, the Defendant driven Bsch-ton freight vehicles with a alcohol content of 0.162% during blood around 22:50 on June 12, 2020 and proceeded with approximately 500 meters from the front day of Pyeongtaek-si to the front day of Pyeongtaek-si.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of an inquiry letter, such as criminal history, references to inquiry, failure to take the disposition, and reporting statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering

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