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(영문) 수원지방법원 2018.10.12 2018고단4171

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving) on May 30, 2008, in the support of the Sugwon method, and was sentenced to a summary order of KRW 4 million for the crime of violating the Road Traffic Act (drinking driving) on February 13, 2009. On April 11, 2014, the Defendant was sentenced to a summary order of KRW 5 million for the crime of violating the Road Traffic Act (drinking driving), and was punished for drinking two times or more by the same court.

[Criminal facts] On June 19, 2018, the Defendant driven CK5 vehicle under the influence of alcohol with about 2km from around 03:50 to around 613 meters alcohol level from the border of Suwon-si, Suwon-si to the 613rd roads in Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of the main place of business, and statement of the alcohol concentration in blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

A disadvantageous circumstances: The Defendant, while having been punished for a fine of three times due to drinking, was not well aware of the fact that he had been sentenced to a fine, and was driving the instant drinking without being aware of the fact that he had a high alcohol concentration during blood, and caused physical accidents that shocked road stone and signal, etc..