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(영문) 수원지방법원 2019.01.30 2018고단6940

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for six 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

On June 20, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million, and from the Suwon District Court on September 17, 2010 to a fine of KRW 3 million for a violation of the Road Traffic Act.

On November 16, 2018, at around 23:39, the Defendant driven a car with C Grand-ro in the state of alcohol alcohol concentration of about 0.245% in approximately 300 meters from the section of approximately 300 meters to the same lutan ecological tunnel in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the principal driver, and blood alcohol appraisal statement;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of the same type of criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc. were considered as follows. The sentence was determined as ordered.

D. Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he/she had been punished twice due to drinking driving, while committing the instant crime. The blood alcohol concentration is very high.

The favorable circumstances show the attitude of recognizing one's own mistake and seriously reflecting one's own mistake, return the vehicle in possession to the company and not to drive it in the future, and there was no record of punishment exceeding the fine previously.