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(영문) 수원지방법원 평택지원 2020.04.21 2019고단2061
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 November 2, 2016, the Defendant was punished twice due to drunk driving by receiving a fine of KRW 1,500,000 from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving) from the Suwon District Court on November 2, 2016.

【Criminal Facts】

On December 6, 2019, at around 23:40, the Defendant operated a DNA string vehicle under the influence of alcohol concentration of 0.126% from the uppermost of the Pyeongtaek-si building to the front day of Pyeongtaek-si in Gyeonggi-do.

Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act not less 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, reply reports, and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 grounds for sentencing under Article 62-2 of the Criminal Act include the drinking water of this case, the records of the same crime committed by the defendant again, and other various sentencing conditions under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, character, conduct and environment of the defendant, etc., and

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