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(영문) 수원지방법원 여주지원 2021.03.12 2021고단83
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2019, the Defendant was issued a summary order of a fine of up to three million won for a crime of violating road traffic law in the support of drinking water sources by means of a method of water source.

On January 26, 2021, the Defendant driven an EM6 vehicle under the influence of alcohol concentration of about 0.108% from a section of approximately 6.7km to the “D” road located in the same city as “D” located in the front of the B apartment at Innju City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Before a previous conviction on a report on investigation (report on the situation of a driver in charge): Application of a reply to inquiry, report on investigation (verification of the same type of force) Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation (the existence and frequency of the previous records, the interval between the previous records, etc.), the nature of the crime in this case, the degree of alcohol concentration in the blood of the defendant at the time of driving of the crime in this case, the circumstances leading up to the drinking of the defendant, driving distance, the course leading up to the crackdown on the crime in this case, and whether the defendant reflects against the defendant, etc., shall be comprehensively taken into account and determined the same sentence

It is so decided as per Disposition for the above reasons.

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