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(영문) 수원지방법원 여주지원 2020.04.24 2020고단417
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 July 28, 2006, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 28, 2006, and KRW 4 million as a fine for the same crime from the credit branch of the Suwon District Court on January 17, 2017.

On March 19, 2020, around 02:29, the Defendant driven a F F-nick-in car with a blood alcohol concentration of about 0.102% under the influence of alcohol at approximately 150 meters from “C” to “E” located in D at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes as a copy of the circumstantial statement statement, inquiry inquiry statement, and summary order to the principal driver;

1. Relevant Article 148-2 (1) 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 fact that an order to attend a lecture was punished twice due to the same kind of crime for sentencing under Article 62-2 of the Criminal Act shall be considered in consideration of unfavorable circumstances, such as the fact that the order to attend a lecture has been punished twice for the same crime for sentencing, but the fact that the time is human and reflect, the fact that no drinking driving has been done again, and that there is

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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