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(영문) 수원지방법원 여주지원 2019.03.19 2019고단172
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On August 9, 2012, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on August 9, 2012. On July 25, 2016, the Defendant was sentenced to a summary order of three million won by a fine for a violation of the Road Traffic Act in the branch court of the Suwon District Court.

On January 31, 2019, at least 00:25, the Defendant, who was punished for drunk driving on two or more occasions, driven a F UAD car with approximately approximately 200 meters alcohol content 0.067% while under the influence of alcohol in approximately 0.067% from the vicinity C in Isacheon-si to the front road of “E” located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Statement under circumstances;

1. An inquiry report, such as a criminal history;

1. Investigation reports (Attachment to the same type of judgment, etc.), one written judgment, and one summary order application of Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 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. It shall be considered that the frequency and degree of punishment for the same kind of crime with the reason for sentencing under Article 62(1) of the Criminal Act, the level of drinking water, the level of drinking water, etc. shall be considered disadvantageous circumstances, and the fact that the time is human and reflect, and that the drinking driving is not possible again, etc. shall be considered favorable

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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