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(영문) 수원지방법원 여주지원 2019.08.20 2019고단661
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 September 25, 2009, the Defendant was punished by a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court on September 25, 2009, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court on September 23, 201.

At around 12:01 on June 18, 201, the Defendant driven a F New C motor vehicle under the influence of alcohol concentration of 0.232% by 50 meters at the front of the E, E, located in D, in the innju City, on the front of the C cafeteria located in D.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;

1. A request for appraisal and an appraisal report;

1. Application of statutes concerning criminal records;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, consideration shall be given to unfavorable circumstances, such as the provision of drinking alcohol in this case and the fact that three times punishment for the same kind of crime, etc., but it shall be taken into account favorable circumstances, such as the time being dead and reflect, the fact that the driver does not drive a drinking again, and the fact that there is no penalty exceeding the fine.

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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