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(영문) 수원지방법원 여주지원 2020.02.04 2019고단1345
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 October 19, 2012, the Defendant was issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court on October 19, 2012, and on June 21, 2013, for a fine of KRW 2 million for a violation of the Road Traffic Act (driving).

On October 25, 2019, at around 13:25, the Defendant driven a C Lasta car in the state of alcohol alcohol concentration of about 0.133% at the 2km section of the 2km from the Do in the front of the innju City to the front road of the Shinju City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Written estimate and written agreement;

1. Application of statutes concerning criminal records;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, consideration shall be given given to favorable circumstances, such as the following: (a) the level of drinking alcohol in this case; (b) the occurrence of traffic accidents; and (c) the occurrence of traffic accidents during driving without a license; (b) the time and reflects; (c) the occurrence of a traffic accident after drinking at around 05:00 on the day of the instant case; (d) it appears that the level of drinking alcohol in this case would be reduced; (b) the victim of the traffic accident is agreed with; and (c) there is no penalty exceeding the fine due to driving without a license.

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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