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(영문) 수원지방법원 평택지원 2019.10.24 2019고단1037
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

On August 11, 2011, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong site, and on November 16, 2012, the same court received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

On July 11, 2019, at around 06:42, the Defendant driven a C Car with C Car with a blood alcohol concentration of 0.118% in the street section from the offline to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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. The execution of imprisonment with prison labor shall be suspended mainly taking into account the fact that the defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, even though he/she was punished again for drinking driving, is not good for the crime of this case, but has no record of committing a crime exceeding a fine, and an incidental disposition shall be imposed to prevent recidivism.

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