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(영문) 수원지방법원 여주지원 2020.01.21 2019고단1292
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 October 19, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the leisure branch of Suwon District Court.

On November 6, 2019, at around 15:53, the Defendant driven a DNA car with a blood alcohol concentration of about 0.109% under the influence of alcohol level 0.109% at a 4km section from the Do of the cafeteria located in Ischeon-si, Echeon-si, to the road near the Plcheon-si, the Do of the cafeteria-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement of the employee;

1. Undisposition of disposition and report on the result of confirmation - Application of Acts and subordinate statutes appended to a 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 shall be considered in light of the unfavorable circumstances, such as the fact that the person under obligation to attend a lecture is dead and reflected, that he/she does not drive drinking again, that he/she does not have been punished beyond the fine, etc., considering the favorable circumstances.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the number and degree of punishment for the same crime, are considered as above

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