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(영문) 수원지방법원 여주지원 2020.05.08 2019고단1272
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2020, the Defendant received a summary order of KRW 8 million as a crime of violating the Road Traffic Act (driving) from the original court of the Chuncheon District Court on March 27, 2020.

On December 4, 2019, at around 20:10, the Defendant driven C Poter II cargo vehicle while under the influence of alcohol leveling 0.106% from the front of the Felel in Innju City to the front of the Pelju City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

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. It shall be considered that a person repeats a crime within the short period of sentencing under Article 62(1) of the Criminal Act due to unfavorable circumstances, such as: (a) the time limit and reflects; (b) the fact that there is no record of punishment other than the criminal records; and (c) the fact that the person will not drive a drunk driving again, considering favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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