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(영문) 수원지방법원 2017.12.12 2017고단6566
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

On December 6, 2013, 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 on December 6, 2013, and on May 4, 2016, the Defendant issued a summary order of KRW 4 million to a fine by the same court as the same crime.

On October 7, 2017, the Defendant driven B SP car under the influence of alcohol content of at least 0.157% in blood at a section of approximately 200 meters from the inficial place in Suwon-si, Suwon-si (hereinafter referred to as the “SP”) to the front day of Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as the “SP”) to the front day of 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 a report on investigation (Attachment to the same type of power);

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: (a) led to the confession of the instant crime; (b) recognized his mistake; and (c) led to the Defendant’s motion to move a parked vehicle.

It does not cause other damage, such as traffic accidents, and there is no record that the defendant has been punished in excess of the fine.

[Unfavorable Conditions] The instant crime was punished twice by the Defendant on drinking.

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