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(영문) 수원지방법원 2017.07.12 2017고단1375

도로교통법위반(음주운전)등

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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 August 24, 2007, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act (drinking driving), and on December 19, 2008, the Defendant was issued a summary order of KRW 2,50,000 from the Suwon District Court’s Pyeongtaek District Court’s House to the same crime, and on July 17, 2009, issued a summary order of KRW 2,00,000 from the Suwon District Court to the same crime.

Although the Defendant had had a record of driving two or more times of drinking, on February 20, 2017, the Defendant driven an E rocketing car under the influence of alcohol leveling 0.181% of alcohol level without a vehicle driver’s license from about 200 meters from the apartment of the future to the front road of the elementary school distance in the same forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Suspension of Execution Act - The defendant has the record of having been punished several times for the same kind of crime. - Taking into account the amount of alcohol concentration in blood at the time of the defendant’s crime. The favorable circumstances - the defendant recognizes all criminal facts. - The circumstances in which alcohol decomposition rate has been delayed due to the defendant’s health problems despite a considerable period of time from drinking. The final records of punishment for drinking and this case’s crime are considered.