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(영문) 수원지방법원 2017.09.19 2016고단5321

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 2, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at a water source method source on November 2, 2013, and a fine of KRW 4 million at the same court on January 3, 2014, respectively.

On August 31, 2016, at around 22:37, the Defendant driven a motor vehicle with alcohol content of approximately 0.079% in blood while under the influence of alcohol from approximately 3km section to the front road of the mountain village located in the injection of the right line in the city where the water source viewing road in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to inquiry results, such as criminal history;

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 (including circumstances favorable to the examination in the following cases);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is that the Defendant driven a motor vehicle under the influence of alcohol at 0.079% of alcohol while driving the motor vehicle, despite the fact that the Defendant had been subject to two times punishment due to drinking, and that the nature of the crime is not good, the circumstance is unfavorable to the Defendant, on the other hand, that the Defendant’s blood content is not high, and the Defendant did not cause any other damage, such as traffic accidents, and that the Defendant did not have any specific criminal record except for the Defendant who was sentenced to two times due to the violation of the Road Traffic Act. In addition, the record is recorded, such as the Defendant’s age, family relation, sex, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime.