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(영문) 수원지방법원평택지원 2020.10.23 2020고단1401
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On April 26, 2019, the Defendant received a summary order of KRW 4 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, around 04:45 on May 25, 2020, the Defendant driven a blood alcohol concentration of 0.146% while under the influence of alcohol at around 04:45 on May 25, 202, and proceeded with approximately 1 km from D Elementary School near Pyeongtaek-si C to Pyeongtaek-si E-ray.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case

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