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(영문) 수원지방법원 평택지원 2020.05.21 2019고단1664
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 March 26, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 26, 2010

【Criminal Facts】

On September 20, 2019, the Defendant, while under the influence of alcohol 0.114% (the result of blood appraisal) under the influence of alcohol, driven a DNA low-income vehicle from around 2 km to the front road of Pyeongtaek-si building, even though there was a history of punishment for the violation of the Road Traffic Act (driving) on September 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same kind of power of a suspect);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the following factors: the drinking water (0.114%) of this case; the defendant’s repeated criminal records; the defendant’s age, character, conduct and environment, etc., as well as the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case

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