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(영문) 수원지방법원 여주지원 2019.08.12 2019고단511
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 25, 2019, at around 22:26, the Defendant driven a DNA siren vehicle under the influence of alcohol content of about 500 meters from the front of Gyeonggi-gun B to the front of C, while under the influence of alcohol content of about 0.131%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the results of the regulation of drinking driving, such as a report on detection, a report on the status of running a motor vehicle driving, a report on the situation of a driver driving, an investigation report (report on the status of a driver driving);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had been punished three times, re-driving a drinking alcohol again, and the blood alcohol concentration at the time of detection was relatively high.

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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