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(영문) 수원지방법원 2017.03.21 2016고단6965

도로교통법위반(음주운전)등

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 March 22, 2012, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (drinking driving), and on January 4, 2013, the Defendant was sentenced to a summary order of 3.5 million won by a fine for the same crime at the same court on January 4, 2013, and on August 7, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek site.

On November 06, 2016, at around 05:37, the Defendant driven a motor vehicle with a alcohol content of about 3km from the front of a mutually influent restaurant located in the Seocho-si, Busan-si to the Sejong-dong, without obtaining a driver's license, while under the influence of alcohol of about 0.121% in blood while under the influence of alcohol, from the front of the mutually influent restaurant to the front of the Sejong-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to decisions, etc. on the same kind of case as the suspect), text of the judgment, and application of three copies of the summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (the following favorable circumstances)

1. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act on the following grounds:

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows; comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sexual conduct, environment, motive and circumstance of the crime and the circumstances after the crime, etc., the sentence shall be determined as ordered.

[The favorable circumstances] The defendant led to the confession of each of the crimes of this case and recognized his mistake, and the defendant of this case respectively.