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(영문) 수원지방법원 여주지원 2020.04.21 2020고단388
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 May 14, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the credit support of the Suwon District Court.

On March 10, 2020, at around 15:33, the Defendant driven C et al., while under the influence of alcohol content of about 0.130% from the 3km section from the string ginseng at the string of the Gyeonggi Pyeong-gun, which is a lux, to the front road B, with the alcohol concentration of about 3km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiries, such as criminal records, and application of Acts and subordinate statutes on investigation reports (verification of suspect 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. Article 62 (1) of the Criminal Act;

1. The same criminal records as the reasons for sentencing under Article 62-2 of the Criminal Act shall be considered in favor of the favorable circumstances, such as the fact that the driving force of the same kind of crime as the reasons for sentencing is disadvantageous, the fact that the driving of the motor vehicle is dead and reflect, and the driving

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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