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(영문) 수원지방법원 여주지원 2020.03.24 2020고단125
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

The Defendant was issued a summary order of KRW 3 million on September 11, 2013, and KRW 5 million on January 22, 2016, with a fine of KRW 5 million on September 22, 2016, as a crime of violation of the Road Traffic Act, at the leisure branch of Suwon District Court.

At around 18:30 on December 8, 2019, the Defendant driven a CP motor vehicle under the influence of alcohol concentration of about 0.192% in a section of approximately 1.5km, i.e., 168m in the border of Echeon-si from the 18:30 on the B Apartment-si (YA) to the parallel of the 1687-lane as the border of Echeon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Application of a copy of each statute of 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 same criminal records of sentencing of Article 62-2 of the Criminal Act shall be considered to be disadvantageous circumstances, such as the fact that time and reflects the case, the fact that there is no punishment exceeding the fine due to the same kind of crime, and the fact that the driving of drinking is not possible again, etc. shall be considered as favorable circumstances.

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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