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(영문) 수원지방법원 평택지원 2020.01.31 2019고단1569
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 March 20, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 24, 2019, at around 21:40, the Defendant driven CK7 car under the influence of alcohol with approximately 0.138% alcohol concentration in approximately 5km from the 5km section to the 37 Ansan-si promotion road in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Requests from the State and the result of appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished for the same kind of crime.

However, the punishment shall be determined as ordered by comprehensive consideration of the fact that the defendant reflects his mistake and does not repeat the crime, the blood alcohol density, the distance driven by the defendant, the age, character and conduct, environment of the defendant, circumstances leading to the crime, etc.

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