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(영문) 수원지방법원 여주지원 2020.05.08 2020고단413
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act in the credit branch of Suwon District Court on August 26, 2008, and was sentenced to a summary order of 1.5 million won for the same crime in the same court on February 22, 2011, and was sentenced to a suspended sentence of 2 months for the same crime in the same court on October 17, 2014.

On March 9, 2020, at around 02:10, the Defendant driven a Fpoter cargo vehicle with approximately 100 meters of alcohol level 0.159% under the influence of alcohol level 0.159% from the Cdong Office in Ischeon-si B to the front of E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

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 fact that an order to attend a lecture was punished several times for the same kind of crime with the reason for sentencing in Article 62-2 of the Criminal Act, the fact that drinking water, etc. is considered as an unfavorable condition, and that it is true that it does not run drinking again, and that it does not run drinking again, the current health condition, etc. shall be considered as favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, family, support relationship, etc., are considered.

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