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(영문) 수원지방법원 여주지원 2018.02.09 2017고단1548

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 March 26, 2010, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (drinking), etc. on the leisure support by the Friwon method. On October 5, 201, the Defendant was sentenced to a suspended sentence of two years for ten months due to a violation of the Road Traffic Act (dacting of drinking), and was sentenced to a suspended sentence of three years for six months on December 19, 201 in the Friju support by Friwon method.

On July 10, 2017, the Defendant driven a car with a alcohol level of at least 0.20% from approximately 100 meters in a section of alcohol level to the front day of the official door gate in the Gyeonggi Pyeong-gun, Gyeonggi-gu, Gyeong-gu, Gyeonggi-do, to the front day of the official door gate in the Gyeonggi Pyeong-gu, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reporting of a traffic accident (2);

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Statement made with D;

1. Investigation report (in relation to the drinking part of the suspect);

1. Application of Acts and subordinate statutes to inquiries about residents and criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although protection observation and community service order had been punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of this case led to the crime, and the fact that the drinking of the alcoholic beverages is done again at the convenience store immediately after the driving of the alcoholic beverages in this case, etc., considering the unfavorable circumstances.

However, consideration shall be given to the favorable circumstances, such as the fact that the time limit and reflects, and the fact that the resolution of the deliberation of the previous drinking materials is deemed to have been mitigated.

This is the criminal law such as drinking volume, driving distance, degree of punishment for the same crime, defendant's age, sexual behavior, environment, etc.