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(영문) 수원지방법원 여주지원 2019.06.03 2019고단245
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

[criminal power] On October 29, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the leisure branch of the Suwon District Court on July 13, 2018.

【Criminal Facts】

On February 24, 2019, at around 20:30, the Defendant driven a DSS3 car under the influence of alcohol leveling 0.073% of blood alcohol level at the 1km section of approximately 1km from the road front of the Do in front of the Do in the same 10th parallel-gun of the Do in the same 10th parallel-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected violation of the Road Traffic Act;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Criminal records in judgment: Application of criminal records, inquiry into criminal records, and Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had been subject to punishment two times after driving under influence of alcohol, again driving under influence of alcohol.

However, at the time of committing the instant crime, the blood alcohol concentration was relatively low.

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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