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(영문) 수원지방법원 평택지원 2020.06.04 2020고단223
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 November 30, 2015, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and a summary order of KRW 3 million for the same crime at the same court on June 5, 2017.

【Criminal Facts】 On December 25, 2019, the Defendant driven Chyp car while under the influence of alcohol level of about 0.142% at approximately 10 meters at the 10-meter section.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, and environment, including the drinking water of this case, the Defendant’s repeated criminal records, the transfer of vehicles, and other various sentencing conditions under Article 51 of the Criminal Act as indicated in the records of this case.

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