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(영문) 수원지방법원 평택지원 2020.06.04 2020고단77
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 June 10, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s House as a matter of violation of the Road Traffic Act, and on May 30, 2018, from the Daejeon District Court’s Incheon Branch Branch as a fine of KRW 4 million as the same crime.

【Criminal Facts of Crimes】 Around 06:50 on December 29, 2019, the Defendant driven a motor vehicle with Cromatic alcohol concentration of about 1k in the section of approximately 0.098% under the influence of alcohol in the middle of the same city from the street in the West-dong located in Pyeongtaek-si to the front of the same city.

As a result, the defendant violated the prohibition of drunk driving more 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, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, and environment, such as drinking water in this case, the repeated criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case.

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