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(영문) 수원지방법원 평택지원 2020.02.13 2019고단1409
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 April 30, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on April 30, 2014, and on October 17, 2016, issued a summary order of KRW 4 million for the same crime at the Busan District Court.

On August 27, 2019, around 00:55, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the defendant violated the provision on prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and request for appraisal;

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 shall be suspended in consideration of the fact that the defendant, for the reason of sentencing under Article 62-2(1) of the Criminal Act, disposes of the vehicle while the defendant repents his mistake and disposes of the vehicle, and the fact that only the criminal records of fines are committed twice, but incidental measures shall be imposed to prevent recidivism.

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