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(영문) 수원지방법원 평택지원 2020.02.06 2019고단1593
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 November 16, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court's Port Branch.

On September 27, 2019, the Defendant had been punished for the violation of the Road Traffic Act (driving) on September 27, 2019, but, under the influence of alcohol concentration of 0.056%, driven a car from the front side of Pyeongtaek-si, which is located in Pyeongtaek-si B to the front side of 64 meters from the 2km section to the front road.

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 history records, reply reports, and investigation reports (verification 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 labor shall be suspended in consideration of the fact that the blood alcohol concentration level is not very high for the reason of sentencing under Article 62-2 (1) of the Criminal Act, the fact that only one fine is imposed on the accused, the economic situation of the accused, etc., and an incidental disposition shall be imposed to prevent recidivism;

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