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(영문) 수원지방법원 여주지원 2020.01.21 2019고단1339
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 10, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on August 10, 2007, and on April 26, 2013, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on April 26, 2013, and on October 27, 2015, the Defendant was sentenced to a suspended sentence of one year for six months.

On November 3, 2019, at around 09:35, the Defendant driven a B-use vehicle with a blood alcohol concentration of 0.104% from the 400-meter section from the side of the Cheongju Pluthth City Trithol to the front road of the 24th EthicalToluthol in the city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Two summary orders and one of the court rulings shall apply; and

1. Relevant provisions of Article 148-2 (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. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture was punished three times due to the same kind of crime for sentencing in Article 62-2 of the Criminal Act shall be considered in consideration of unfavorable circumstances, but the fact that the time is human and reflect, the fact that the driver does not drive a drinking again, and the fact that the driver has taken the waters after drinking the previous day but seems to have reached the level of drinking water in this case because it was less familiarly taken after drinking, shall be considered in light of favorable circumstances.

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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