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(영문) 수원지방법원 여주지원 2019.09.20 2019고단849
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 28, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

On August 12, 2019, at around 20:37, the Defendant driven a F low-priced car at a section of about 500 meters of blood alcohol content from the front of the C cafeteria located in Ischeon-si B to the front of the E Licensed Real Estate Agent in the same city D, under the influence of alcohol content of about 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of summary order;

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 number of times of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the values of drinking water, etc. shall be considered as disadvantageous circumstances, and the favorable circumstances shall be taken into consideration, such as the fact that the person is dead and reflect, and that there is no penalty exceeding the

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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