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(영문) 수원지방법원 평택지원 2020.01.16 2019고단1532
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 July 10, 2009, the Defendant received a summary order of KRW 1 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

On September 29, 2019, at around 09:34, the Defendant driven a D hosting car with a blood alcohol concentration of about 0.069% under the influence of alcohol from around 1km to the front road of the same city, from around 09:34, the Defendant had a drinking power.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

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 execution of imprisonment with prison labor shall be suspended in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 (1) of the Criminal Act repents his/her mistake and only the defendant has the criminal records of a fine once, etc., but incidental disposition shall be imposed to prevent the second offense;

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