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(영문) 수원지방법원 2017.11.14 2017고단4948

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 22, 2012, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on October 7, 2014, a fine of KRW 7 million is imposed to a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method.

On July 15, 2017, around 00:49, the Defendant driven C in the state of alcohol alcohol concentration of about 0.135% at the section of approximately 5km from the Do located in the Young-si, Suwon-si, Suwon-si, Suwon-si, to the front road in the Dong-gu, 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. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order);

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. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while leading to the instant crime; the Defendant did not cause other damage, such as traffic accidents; there was no record that the Defendant was punished by a fine; the Defendant is expected to marry around January 2018; and the Defendant’s surrounding persons wanting to take the Defendant’s wife, etc., which is relatively obvious in social ties.

(c)inform;