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(영문) 수원지방법원 평택지원 2020.04.09 2019고단1962
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 January 28, 2011, the defendant was sentenced to a fine of 2.5 million won by the Suwon District Court for a violation of the Road Traffic Act (driving).

On November 10, 2019, the Defendant, at least 02:00, driven a Cpoter freezing in the state of alcohol concentration of about 0.103% at the section of about 4 km from the mutual influent restaurant located in the king-si, Ansan-si to the roads adjacent to the same city B, and violated the prohibition of drunk driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind of suspect case);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the drinking water of this case, the same criminal records of the defendant, and other various sentencing conditions under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, character and conduct of the defendant, and the environment of the defendant.

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