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(영문) 수원지방법원 여주지원 2019.09.17 2019고단748
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 March 9, 2018, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the credit support of the Suwon District Court.

On August 3, 2019, at around 21:29, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.113% from around 300 meters to the front road of Gyeonggi-si B, Gyeonggi-gu.

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 of summary order;

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. Taking into account the unfavorable circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act, the suspension of drinking alcohol, and the fact that a fine was imposed for the same crime even around around 2018, the fact that the person was punished for the same crime shall be considered in light of favorable circumstances, such as the time limit and reflect, and the fact that there is no record of punishment other than the punishment imposed around around

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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