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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1640
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 May 24, 2017, the Defendant was issued a summary order, such as a fine of five million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on May 24, 2017, and a fine of six million won for the same crime, etc. at the Goyang Branch of the Jung-gu District Court on November 15, 2013.

【Criminal Facts】

On September 21, 2019, around 22:45, the Defendant driven a car volume by driving the E-car from around 500 meters from the street in front of the Gyeonggi-si B to the Gyeonggi-si D to around 0.146% of blood alcohol level from around 50 meters.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;

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. Probation and community service order and education order Article 62-2 of the Criminal Act reflects the defendant's wrongness. The defendant's punishment as ordered is determined by taking into account the following factors: the defendant's circumstances of drinking alcohol including the drinking alcohol in this case; the criminal records of the defendant; the defendant's age, character and conduct, environment, and circumstances after the crime.

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