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(영문) 수원지방법원평택지원 2020.09.10 2020고단644
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 July 29, 2016, the Defendant was issued a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Yongsan Branch.

【Criminal Facts】

At around 21:50 on February 29, 2020, the Defendant driven a Frane car in the state of alcohol alcohol concentration of about 0.157% from the C cafeteria parking lot located in Ansan-si B to the D apartment E-dong road in Ansan-si.

Accordingly, the defendant violated the prohibition of drinking 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) and investigation reports (report on drinking records twice a suspect twice);

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in drinking alcohol in this case, the defendant's repeated criminal records, traffic accidents that shock a parked vehicle, and the defendant's age, character, conduct and environment and other factors of sentencing under Article 51 of the Criminal Act, which are recorded in the records of this case, shall be determined as the same as the order.

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