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(영문) 수원지방법원 여주지원 2021.02.05 2021고단36
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 October 1, 2010, the Defendant was issued a summary order of KRW 1,50,00,000 as a crime of violating the Road Traffic Act (drinking) in the support of drinking water sources.

On November 30, 2020, around 18:04, the Defendant driven a DNA-learning car with approximately 300 meters alcohol concentration of 0.143% while under the influence of alcohol from the 300-meter section from the front of Leecheon-si B to the front of C.

Summary of Evidence

The legal statement of the accused, the place of the offender, the statement in the circumstances of the driver in charge, and the application of the Act and subordinate statutes to the investigation report (as such);

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there is a history of punishment several times for the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act shall be considered in consideration of unfavorable circumstances, such as the fact that there is no time and reflects, again the fact that the driver does not drive drinking again, and that there is no penalty exceeding the fine, etc., shall be considered in light of favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are determined as above.

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