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(영문) 수원지방법원 평택지원 2019.02.20 2018고단1506
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 9, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court. On November 12, 2012, the Defendant issued a summary order of KRW 4 million for the same crime in the same court. On October 2, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

【Criminal Facts】

On August 11, 2018, at around 05:15, the Defendant driven a DNA car with a blood alcohol concentration of about 0.13% from the 1km section from the c front of Pyeongtaek-si located in Pyeongtaek-si B to the 39 large Pung-si Epian road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Two copies of summary order and application of Acts and subordinate statutes of one written judgment; and

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Although Articles 53 and 55(1)3 (C) of the Criminal Act recognize and reflects the error of the reason for sentencing, considering the degree of driving, the number of drinking driving records, etc., the liability for the crime is not against the law, taking into account the Defendant’s age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., the punishment as set forth in the order shall be determined by comprehensively taking into account the following factors.

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