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(영문) 수원지방법원 평택지원 2020.01.03 2019고단1681
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2007, the Defendant was sentenced to a summary order of 500,000 won for a fine of 500,000 won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and on August 5, 2013, by the same court, to a summary order of 1,500,000 won for the same crime, and on June 23, 2017, by the Seoul Central District Court, to a suspended sentence of 2 months for a violation of the Road Traffic Act (refluence)

On September 28, 2019, at around 22:00, the Defendant driven a car Cben C220d in the state of alcohol alcohol concentration of approximately 0.176% from the 150-meter section to the front road of Pyeongtaek-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes as a result of inquiry;

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 sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture, including the drinking water of this case, shall be determined as the sentence by taking into account various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case, including the circumstances where the defendant driven under influence of alcohol, the criminal records of the defendant, and

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