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(영문) 수원지방법원 평택지원 2019.11.28 2019고단1207
도로교통법위반(음주운전)등
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

[Criminal Power] On August 11, 2017, the Defendant was notified of a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

At around 01:00 on August 14, 2019, the Defendant, while under the influence of alcohol 0.053% under the influence of alcohol, driven a vehicle with approximately 200 meters wide from the front side of Pyeongtaek-si B to the front side of D in the same city without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that there is no record of punishment exceeding a fine; the fact that the instant crime is led to confession, reflect, and not re-offending; the fact that the blood alcohol concentration was not high and the distance of driving was shorter, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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