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(영문) 수원지방법원 여주지원 2020.01.21 2019고단1290
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 July 31, 2009, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act, etc. in the credit branch of Suwon District Court on July 31, 2009, and on October 30, 2015, on the credit branch of Suwon District Court, the Defendant was sentenced to a suspended sentence of two years in August.

At around 11:00 on November 3, 2019, the Defendant driven a motor vehicle with an E Spati-type under the influence of alcohol concentration of about 0.22% from the 150-meter section of blood alcohol from the upper street of C in the original city B to the D front street.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Two copies of summary order and application of one of the written judgment under Acts and subordinate statutes; and

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 under Article 62-2 of the Criminal Act takes into account the same criminal records as the reasons for sentencing, drinking water, etc. into account the unfavorable circumstances, but the fact that the time is human and reflects, and that no driving is conducted again after receiving a mental treatment, etc. shall be considered as favorable circumstances.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the number and degree of punishment for the same crime, are considered as above

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