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(영문) 수원지방법원여주지원 2020.10.27 2020고단1107
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 September 1, 2011, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act.

On September 3, 2020, at around 18:35, the Defendant driven a rocketing car under the influence of alcohol content of 0.183% at the section of about 5 km from the 18:35 B to the roads before the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written circumstantial statement and summary order of a host 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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act provides that four times of punishment for the same kind of crime for sentencing of Article 62-2 of the Order to Attend shall take into account the favorable circumstances, such as the provision of drinking alcohol in this case, etc. into consideration: (a) the condition unfavorable to the victim; (b) the time being dead and reflect; (c) the non-driving of drinking again; and (d) the fact that no punishment has been imposed after around

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.

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