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(영문) 수원지방법원 여주지원 2020.04.24 2020고단412
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for nine 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

On February 12, 2020, at around 20:50, the Defendant driven CRaba truck with a blood alcohol concentration of 0.197% at the section of about 904 meters from the front of Echeon-si to the intersection of E-Jari-si, E-Pari-si, and at approximately 5km from the intersection of E-Pari-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article 148-2 (3) 2 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. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence causes a traffic accident while driving under the influence of alcohol shall be considered in consideration of unfavorable circumstances, such as: (a) the time limit and reflects; (b) there is no record of punishment after being punished for the same kind of crime in around 2004; and (c) the fact that the driving under the influence of alcohol is not possible again

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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