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(영문) 수원지방법원 평택지원 2020.01.21 2019고단1269
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 became final and conclusive.

Reasons

Punishment of the crime

On November 1, 201, the Defendant received a summary order of a fine of one million won or more for a violation of the Road Traffic Act from the Suwon District Court on the site of Sejong District Court on November 1, 201, and on June 24, 2014, the Defendant received a summary order of a fine of one million won or more for the same crime in the same court.

Criminal facts

On August 5, 2019, at around 00:16, the Defendant driven a D K3 car while under the influence of alcohol 0.057% of alcohol level from the front side of the Pyeongtaek-si building to the front day of the same C at approximately 80m from August 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no record of punishment exceeding a fine; the fact that the instant crime is led to confession, reflect, and not re-offending; the fact that the blood alcohol concentration was not high and the driving distance was shorter; and the fact that there is a family member to support);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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