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(영문) 수원지방법원 평택지원 2019.05.24 2018고단1212
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 May 30, 2014, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and received a disposition of suspension of indictment on November 22, 2016 at the office of the horizontal Housing Site Office of the Suwon District Prosecutors' Office.

Nevertheless, at around 03:37, May 19, 2018, the Defendant driven CK5 car while under the influence of alcohol concentration of approximately 20 meters on the front side of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Records of judgment: Application of criminal records (including investigation records), investigation reports (limited to the same type of records and necessity of transfer) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentencing period of Article 62-2 of the Criminal Act is the same criminal records of the defendant, drinking water of this case, the defendant causing traffic accidents at the time of this case, and the sentencing conditions of Article 51 of the Criminal Act, which are recorded in the records of this case, including the age, character, conduct and environment of the defendant, shall be determined as ordered by taking full account of

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