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(영문) 수원지방법원 평택지원 2020.06.12 2019고단2123
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

[criminal power] On August 23, 2007, the Defendant received a summary order of KRW 3 million for a fine of KRW 3 million for the same crime, etc. in the Sungwon District Court's Sungnam branch, and on September 3, 2009, the Defendant received a summary order of KRW 3 million for the same crime, etc.

【Criminal Facts】

On December 10, 2019, at around 22:13, the Defendant driven an E 2 car with a blood alcohol concentration of 0.073% from the 200-meter section, from the 200-lane to the front road of the D cafeteria located in Pyeongtaek-si B.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation, and notification of the result of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case

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