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(영문) 수원지방법원 여주지원 2019.03.12 2019고단49

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2010, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the credit support of the Suwon District Court on May 17, 2010, and on October 7, 2013, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Road Traffic Act at the credit support of the Suwon District Court.

On November 18, 2018, at around 22:24, the Defendant driven a fwing 3 truck under the influence of alcohol leveling 00 meters from the front of the “Ccafeteria” road located in Ischeon-si B to the front of the E-ray road in Ischeon-si D, with approximately 500 meters of alcohol leveling 0.125% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. Taking into account favorable circumstances, such as the frequency and degree of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the frequency and degree of drinking water, etc. into account the unfavorable circumstances, the time and reflects, and the fact that the drinking driving is not possible again, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.