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(영문) 수원지방법원 여주지원 2019.09.24 2019고단857
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 29, 2006, the defendant has been issued a summary order of KRW 5 million by the Suwon District Court due to the violation of the Road Traffic Act.

On August 22, 2019, at around 22:25, the Defendant driven a gallon vehicle under the influence of alcohol content of 0.161% in the direction of “D” at a section of approximately 3 km in front of a real estate brokerage establishment in the inn city, in which the trade name of the B apartment located in the inn city, is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes on one case of identical power;

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. An order to attend a lecture under Article 62-2 of the Criminal Act takes into account the same criminal records as the reasons for sentencing, the drinking water of this case, etc. into account the unfavorable circumstances, and the fact that the time limit and reflects, and that there is no penalty exceeding the fine for the same kind of crime, etc.

In this regard, all the sentencing conditions, such as the defendant's age, character and conduct, environment, family, support relationship, etc., shall be determined as above.

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