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(영문) 수원지방법원 평택지원 2021.03.25 2020고단1288
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

[criminal history] On June 25, 2014, the Defendant received a summary order of KRW 3 million from the military court in the special military court of the Army of the Republic of Korea to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving of Drinking), and on July 9, 2018, a summary order of KRW 4 million from the Sejong District Court of the Suwon District Court to a fine of KRW 5 million for the same crime.

[Criminal facts] On May 26, 2020, the Defendant driven a DNA-learning car under the influence of alcohol content of about 0.132% from the front line of the “C ordinary tank center” located in Pyeongtaek-si B to the long distance of about 1.6 km, from around 01:10 on May 26, 2020.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a statement on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A), investigation report- application of summary order statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering

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