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(영문) 수원지방법원 여주지원 2019.09.09 2019고단604
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2009, the Defendant issued a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court on May 29, 2009, and on March 21, 2014, the Defendant had the record of being punished for a violation of the Road Traffic Act (driving) at least twice after having received a summary order of KRW 2 million from the same court on more than two occasions.

At around 22:10 on May 18, 2019, the Defendant driven a Fwing-III vehicle under the influence of alcohol concentration of about 600 meters from the front of the C cafeteria located in Gyeonggi-si B to the front of the E cafeteria located in D, while under the influence of alcohol concentration of about 0.220%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, an investigation report (report on the status of a drinking driver), an inquiry into the results of the control of drinking driving, and a report on the status of a drinking driver;

1. A written appraisal;

1. Investigation report (ctv Confirmation);

1. Investigation report (specific driving distance);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 in Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had been punished three times, re-driving a drinking alcohol again, and the blood alcohol concentration was very high at the time of detection.

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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