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(영문) 수원지방법원여주지원 2020.12.02 2020고단1058
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

[Criminal Power] On July 21, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the branch court of Suwon District Court.

【Criminal Facts】

On April 14, 2020, at around 23:15, the Defendant driven a F Lastren car in the state of alcohol alcohol concentration of about 0.105% at the section of about 200 meters from the front of the road in Ischeon-si B to the front of the road in the same city D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. A traffic accident report (1) (2) on the police's statement of the defendant's legal statement G, a traffic accident report on the situation of the driving at home, a report on the situation of the driver at home, an investigation report, an initial action report taken by the police, and an on-site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 meeting was that the Defendant, despite three times of drinking driving skills, once again driven a motor vehicle while driving a drinking motor vehicle.

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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