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(영문) 수원지방법원 평택지원 2020.01.17 2019고단1412
도로교통법위반(음주운전)등
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 January 4, 2016, the Defendant received a summary order of KRW 2,50,00,000 from the Suwon District Court to a fine for the violation of the Road Traffic Act.

On September 21, 2019, the Defendant driven D SbB car in the state of alcohol of about 2 km from the front line in the mutual influence in Pyeongtaek-si B to the front road of C, while under the influence of alcohol of about 0.197% from the 2km section to the front road of C.

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

"2019 Highest 1827"

1. At around 17:40 on September 19, 2019, the Defendant: (a) threatened the victim on the front of the Pyeongtaek-si E Apartment on the ground that the victim F (the age of 52) reported the Defendant’s drinking driving to the police; (b) and (c) threatened the Defendant by saying, “I am kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’

2. On October 21, 2019, at the place indicated in Paragraph 1, around 17:30 on October 21, 2019, the Defendant threatened the victim by stating, “The victim is able to flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flick.”

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. A statement on criminal records, etc.;

1. Application of the police protocol of statement to F;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 283 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the elements of sentencing as follows, and the age, character and conduct, environment and crime of the accused.

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