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(영문) 수원지방법원 여주지원 2020.07.21 2020고단739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the credit branch of Suwon District Court.

On June 12, 2020, around 02:06, the Defendant driven a Frost cruise vehicle under the influence of alcohol of about 0.210% of alcohol concentration at approximately 3.5km from the front of the “C” restaurant located in Sju City B to the front of the “E” road located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports on circumstantial statements of a drinking driver;

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. Considering the favorable circumstances in light of the following: (a) the same criminal records as the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the level of drinking alcohol in this case; (c) the time being dead and reflects; and (d) the fact that the drinking alcohol does not drive any motor vehicle again;

In this regard, all the sentencing conditions, such as the defendant's age, character and conduct, environment, brusium of persons, family members, and support relations, shall be determined as above.

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