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(영문) 수원지방법원 여주지원 2020.06.15 2020고단401
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

[criminal power] The defendant is three persons of the same kind of force including imprisonment with prison labor for six months for the violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on August 10, 2016.

【Criminal Facts】

On March 8, 2020, at around 01:20, the Defendant driven a DNA car with a blood alcohol content of about 0.5 km from the front road of the Gyeonggi-si, B, to the front road of the same city C, while under influence of alcohol of about 0.114%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (driving under the Road Traffic Act);

1. Report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, investigation report, notification on the control of driving under the influence of alcohol, and inquiry into the results of the control of driving under the influence of alcohol;

1. On-site photographs;

1. CCTV images to be cut, CCTV images CDs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was three times, and the Defendant again driven a drinking alcohol again, and the blood alcohol concentration at the time was relatively high.

However, the defendant's drinking distance is relatively short.

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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