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(영문) 수원지방법원 2018.09.06 2018고단1793

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on October 16, 2009 (the issuance of a summary order of KRW 1 million at the Suwon Friwon on February 5, 2010), who driven a motor vehicle under the influence of alcohol on September 3, 2014 (the issuance of a summary order of KRW 2 million at the Suwon Friwon on September 24, 2014), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On March 23, 2018, the Defendant driven a BN-si car under the influence of alcohol content of approximately 0.073% from the section of approximately 1.5km to the front road of the education building distance of the Suwon-si, Suwon-si, Suwon-si, 1024-6 Down-si, Suwon-si, Suwon-si, to the 791 (Seoul-si, Suwon-si), under the influence of alcohol content of approximately 0.073%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving and on the control site photographs;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking or non-licensed driving records) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act for the crime of this case is that the defendant, who has had a record of driving under drinking not less than twice of alcohol, once again driving under the influence of alcohol, and the nature of the crime is not less than that of the crime;

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant has recognized the crime of this case; (b) the defendant has no record of being punished for a stay of execution or more; and (c) the defendant has no record of being punished until that time; and