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(영문) 수원지방법원 2017.07.04 2017고단2306

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On May 2, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million by committing a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court on May 2, 2014, and a summary order of KRW 6 million with the same court on January 9, 2015, respectively.

[2] On March 20, 2017, the Defendant, who was punished twice or more due to drinking, driven a BS-type car under the influence of alcohol with approximately 0.107% alcohol concentration around approximately 10km from the 10km section to the road in front of the “mast elementary school” in the 10km-ro from the mutual influence transfer road in Suwon-gu, Suwon-si, Suwon-si to the day on which the Defendant was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There shall be no history of criminal punishment other than fines imposed by a defendant twice.

Circumstances unfavorable to the defendant are as follows:

The defendant caused a traffic accident that leads to the shock of delivery while driving alcohol, and the level of the defendant's drinking at the time seems to have been serious.

The criminal records in the judgment of the defendant are relatively recently subject to a fine of two times due to drinking.

In addition to the above circumstances, taking into account the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, and all of the sentencing conditions as indicated in the present case’s records and arguments.