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(영문) 수원지방법원 여주지원 2019.08.27 2019고단675
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 5, 2005, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, and the summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on August 20, 2008.

On July 9, 2019, at around 20:55, the Defendant driven a Fpoter II cargo vehicle with approximately KRW 1km from the front road in W in W, to the front road in D in the same city, while under the influence of alcohol content of about 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes, such as criminal records;

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 number of times subject to punishment for the same kind of crime for sentencing in Article 62-2 of the Criminal Act shall be considered as disadvantageous circumstances, but the fact that the time is human and reflects, and that the drinking driving 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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