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(영문) 수원지방법원여주지원 2020.11.09 2020고단1072
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

[Criminal Power] On June 2, 2017, the Defendant received a summary order of KRW 4,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around September 22, 2020, the Defendant driven B low-speed car with approximately 1 km alcohol concentration of about 0.072% in the section of about 254 in the same time from the White International Court in Ison-si, Ison-si, Ison-si, Ison-si to the front road of the slope distance in the same city.

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, investigation report, the report on the situation of his/her driving, the report on the situation of his/her driving, and the detection and photograph of the results of the control of his/her driving;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (related to confirmation of the records of drunk driving for a suspect) and the application of statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had a history of drinking driving, re-driving the alcohol level at the time of driving.

In addition, in 2017, the Defendant had been driving without a license twice in the state where the driver's license was revoked due to drinking driving.

However, the defendant's drinking distance is relatively short.

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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