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(영문) 수원지방법원 여주지원 2017.02.16 2016고단1530

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

[criminal history] On June 28, 2010, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), and on April 5, 2012, with the same support as on April 5, 2012.

[Criminal facts] On December 17, 2016, the Defendant driven a coo motor vehicle in B while under the influence of alcohol level of about 0.085% in alcohol level from approximately 6km to the front day of the Ballast Hotel in the same city to the front day of the same city, Scoo motor vehicle, at around 23:37 Scoo-dong, Scoo-dong.

Accordingly, the Defendant violated the prohibition of drinking driving at least twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (report attaching summary written orders and reports) Acts and subordinate statutes;

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 shall be considered for the reasons for sentencing):

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Act are as follows: (a) unfavorable circumstances, such as the fact that the Defendant had been punished several times due to drinking alcohol driving in the past; (b) favorable circumstances, such as the Defendant’s perception of and reflect against his/her criminal act; (c) the Defendant’s age, family environment; (d) past criminal records; and (e) other favorable circumstances, such as the Defendant’s age, family environment; (e) past criminal records; (e) alcohol density;