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(영문) 수원지방법원여주지원 2020.10.07 2020고단897
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] On September 2, 201, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 30, 2020, at around 00:20, the Defendant driven C or a car while under the influence of alcohol of about 15 meters from the 15km section from the 200:0 South-si B apartment cancer road to the 64-2, Guricheon-dong from the 64-2, Guri-si.

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

Summary of Evidence

1. The defendant's legal statement, the fact-finding report on the actual condition of the driver, the investigation report (the report on the circumstances of the driver), and the notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing of Article 62(1) of the Criminal Act on probation and community service and lecture attendance order under Article 53 and Article 55(1)3 of the Act on Discretionary Mitigation of Discretionary Mitigation of the Criminal Act is that the Defendant once driven under the influence of alcohol in spite of three times the record of driving under the influence of alcohol, and at the time, the Defendant had a high level of alcohol concentration in blood.

However, the defendant's drinking driving force is 8 years prior to all.

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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