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(영문) 수원지방법원 여주지원 2019.10.18 2019고단925
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

On March 26, 2010, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the credit branch of Suwon District Court on March 26, 2010, and on June 11, 2013, the Seoul Western District Court issued a summary order of a fine of five million won for a violation of the Road Traffic Act.

At around 00:20 on August 26, 2019, the Defendant driven a D low-speed car with a blood alcohol concentration of 0.09% in the section of about 11km from the front of the Pju City to the front of the Pju City. C. In addition, the Defendant driven a D low-speed car with a alcohol concentration of 0.09%.

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. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

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 twice due to the same kind of crime for sentencing in Article 62-2 of the Criminal Act shall be considered disadvantageous circumstances, but it shall be considered favorable circumstances, such as the time limit and reflect, and the fact that no drinking driving is conducted 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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