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(영문) 수원지방법원 2019.10.31 2019고단4086
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

[criminal power] On August 24, 2007, the Defendant issued a summary order of KRW 3 million at the Suwon District Court for a violation of the Road Traffic Act (driving) and the summary order of KRW 1.5 million at the Suwon District Court on September 21, 201 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 21, 2019, at around 04:28, the Defendant driven a motor vehicle from approximately 200 meters of blood alcohol concentration at approximately 0.093% under the influence of alcohol level from the 200m section from the roads in front of the mutual influence in Seo-gu, Gwangju Metropolitan City to the roads in front of the Dju point in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined in consideration of the defendant's age, attitude, environment, circumstances surrounding driving and distance, blood alcohol density level, circumstances after the crime, etc., and various sentencing conditions shown in the arguments and records, such as the fact that the defendant was led to confession and reflect, and that there is no previous conviction exceeding the fine: The fact that there are two times the criminal records subject to punishment due to drinking driving, and that there is no previous convictions.

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