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(영문) 수원지방법원 여주지원 2019.07.22 2019고단492
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(criminal power) On December 28, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1.5 million, and on December 30, 2014, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the credit branch of the Suwon District Court.

(Criminal) On April 29, 2019, at around 22:20 on April 29, 2019, the Defendant driven C rocketing car under the influence of alcohol content of about 0.221% at the 1.8km section of approximately 1.8m in front of the Defendant’s house located in Gyeonggi-gu Yangyang-gun Group B.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. A written appraisal of blood alcohol concentration;

1. Photographs, CD (CCTV image);

1. Previous convictions indicated in judgment: Application of criminal history records, reference reports, investigation reports (verification of three-way relationship at least twice a sound driving);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting was that the Defendant, while driving under the influence of alcohol or refusing to measure alcohol again 4 times, was faced with an accident involving street lights while driving under the influence of alcohol again, and left the site without taking any measures after the accident. At the time of the accident, the blood alcohol concentration was very high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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