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(영문) 수원지방법원 여주지원 2020.05.12 2020고단481

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 22, 2011, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court.

On March 23, 2020, at around 21:18, the Defendant driven a Fmea car in the state of alcohol with approximately 1.3 km alcohol concentration of about 0.117% from the front of the C funeral hall located in B in Sju City to the front of the E Hospital located in D in Sju City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each one of the Acts and subordinate statutes to an inquiry report, such as circumstantial statements, criminal records, and summary order;

1. Relevant provisions of Article 148-2 (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. The fact that the record of the same kind of crime for the reason of sentencing under Article 62-2(1) of the Criminal Act is considered as disadvantageous circumstances, but the fact that the time is human and reflect, and the fact that the driving of drinking is not possible again, etc. shall be considered as favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, health condition, and degree of punishment for the same kind of crime, shall be determined