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(영문) 수원지방법원 평택지원 2020.06.12 2019고단2145
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 12, 2013, the Defendant was sentenced to a fine of KRW 4 million by the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On December 5, 2019, at around 21:20, the Defendant, while under the influence of alcohol 0.114% from around 50 meters from the front road of Pyeongtaek-si building to the front road of the same city, violated the provisions on the prohibition of drunk driving under the Road Traffic Act at least twice by driving the DK 3 car while under the influence of alcohol 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to the previous records and related summary orders);

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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