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(영문) 수원지방법원 평택지원 2020.04.09 2019고단1994
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 3, 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Chungcheong District Court’s Chungcheong Branch, and was sentenced to a summary order of two million won for the same crime on August 3, 2012 in the Suwon District Court’s Pyeongtaek Site.

【Criminal Facts of Crimes】 On November 14, 2019, the Defendant driven E-Poter Cargo Vehicles with approximately KRW 0.143% alcohol alcohol level from the street in front of the G Hospital located in Ansan-si to the front of the same Sim of the C apartment D ground parking lot at approximately 7km.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation, order to attend a lecture or order to attend a community service order shall be determined by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of the instant case, such as drinking water of the instant case, the criminal records of the Defendant

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