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(영문) 수원지방법원 여주지원 2019.03.05 2019고단34
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 13, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the credit branch of the Suwon District Court on February 13, 2009, and was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the credit branch of the Suwon District Court on March 31, 2016.

On December 12, 2018, under the influence of alcohol content of 0.078% on blood, the Defendant driven a 10km Ean CA110 Obama from the front of the building B in Echeon-si to the front of the road located in Echeon-si, Eancheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

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. It is decided as above by comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, such as the time of sentencing under Article 62(1) of the Criminal Act, the frequency and degree of punishment for the same kind of crime, drinking water and driving distance, the illegality degree of the circumstances of drinking driving, the age, character and conduct of the defendant, and the environment.

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