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(영문) 수원지방법원 여주지원 2019.08.06 2019고단635
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 28, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 7, 2011, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the leisure branch of the Suwon District Court.

On April 20, 2019, at around 19:57, the Defendant driven a rocketing vehicle under the influence of alcohol content of 0.062% at approximately 150 meters from the 150-meter section to the front road of D located in Echeon-si B where the location in Echeon-si B cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement of the employee;

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

1. Application of Acts and subordinate statutes on investigation report (the calculation of alcohol concentration in blood);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

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

1. The number of times and degree of punishment for the same kind of crime for sentencing under Article 62(1) of the Criminal Act shall be considered as unfavorable circumstances, and the fact that there is no punishment exceeding the fine, and that there is no punishment after around 2011, etc. shall be considered as 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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