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(영문) 수원지방법원여주지원 2020.10.13 2020고단696
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 December 22, 2006, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) and received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) on March 27, 2012.

Criminal facts

On May 20, 2020, at around 01:42, the Defendant driven a FNAS car under the influence of alcohol 0.087% alcohol concentration at approximately 3.5 km section from the front of the CF car in W, to the front parking lot in W, Innju City.

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

Summary of Evidence

1. Notification of the Defendant’s legal statement, the result of the drinking driving control, the investigation report (report on the state of his driver), the report on the state of his driving, the detailed report on the handling of 112 incidents, the investigation report (in respect to the application of the Bamark model), field photographs, the closure photographs of the CCTV for crime prevention, and the CCTV images for the purpose of

1. Previous convictions indicated in judgment: Application of each one copy of criminal history records, repeated statements and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished several times as a traffic-related crime, and that the defendant again committed the crime of this case, and that the defendant led to the confession of the crime of this case, the defendant's drinking level, drinking driving distance, the defendant's age, character and conduct, environment, motive of the crime, circumstances after the crime, criminal records and criminal records, etc. are considered and all of the sentencing conditions as ordered.

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