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(영문) 수원지방법원평택지원 2020.11.17 2020고단1695
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 May 3, 2016, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On July 8, 2020, at around 22:25, the Defendant driven a car of EsbaneCC from around 200 meters from the front day of Pyeongtaek-si in Pyeongtaek-si B to Pyeongtaek-si D, while under the influence of alcohol by 0.036% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same criminal records of a suspect)- Application of Acts and subordinate statutes governing 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. In addition, even if the person was punished as a fine due to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors such as the drinking alcohol level, driving distance, the defendant's age, character and conduct, environment, family relationship, etc. of the previous and previous driving under the influence of alcohol, driving distance, driving distance, the defendant's age, personality and behavior, family relationship, etc.

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