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(영문) 수원지방법원 평택지원 2021.01.28 2020고단1165
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

On August 13, 2015, the Defendant was sentenced to a fine of KRW 3 million by the Cheongju District Court for a crime of violating the Road Traffic Act.

Nevertheless, at around 01:35 on May 10, 2020, the Defendant driven B rocketing car with alcohol content of 0.146% under the influence of alcohol at around 5km from the front of a mutually influent restaurant in the Gu office of the petition to the front of the Yongsan rock underground roadway in the same city corresponding to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture was that the report was received by taking account of the drinking volume (0.146%) of the instant case, the criminal records of the Defendant’s like crime, and a somewhat dangerous driving act at the time of the instant case, and other factors for sentencing under Article 51 of the Criminal Code, which are recorded in the records of the instant case, including the Defendant’s age, sex, and environment, shall be

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