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(영문) 수원지방법원평택지원 2020.11.20 2020고단1625
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 March 31, 2016, the Defendant received a summary order of KRW 1,500,000 from the Seoul Western District Court as a crime of violating the Road Traffic Act.

On June 11, 2020, at around 01:05, the Defendant driven a c motor vehicle under the influence of alcohol content of about 0.04% from the 10km section to the Pyeongtaek-si road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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. Previous convictions indicated in the judgment: Criminal history records, the same previous records, and the application of Acts and subordinate statutes of the summary order;

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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