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(영문) 수원지방법원여주지원 2020.10.28 2020고단1009
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

On February 27, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by driving CM5 car under the influence of alcohol concentration of about 0.204% from the valley in the 3km section of the Changwon District Court to 0.204% from the valley in the 3km section of the Jinwon District Court, and driving CM5 car under the influence of alcohol concentration of about 0.204% on September 30, 2013 to 5 million won from the Sungwon District Court Branch Branch of Suwon District Court of Suwon-gun on September 30, 2013, respectively.

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, report on the circumstances of his driving, investigation report (report on the circumstances of his driving), notification on the control of his driving under the influence of alcohol, and inquiry into the results of the control of his driving under the influence of alcohol

1. Previous convictions in judgment: An inquiry letter and application of each summary order Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant re-driving the drinking alcohol again even three times, and the blood alcohol concentration at the time was very high.

However, the distance of drinking driving is relatively short.

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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