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(영문) 수원지방법원 2018.02.08 2017고단7796
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 March 30, 201, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) at a water source method source on March 30, 201, and a fine of KRW 1,50,000 to a fine in the same court around December 7, 2012, respectively.

On November 15, 2017, at around 02:13, the Defendant driven a vehicle B, under the influence of alcohol concentration of 0.218%, from a section of approximately 50 meters from the Suwon-si Suwon-si Suwon-si’s viewing parking lot to the water source viewing road to the water source viewing road.

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. Consent to blood collection and written confirmation;

1. A response to a request for appraisal, a blood alcohol appraisal report;

1. Written inquiry and reply;

1. Application of Acts and subordinate statutes to investigative reports;

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.

[The favorable circumstances] The Defendant made efforts to prevent re-offending, such as the confession of the instant crime and the recognition of his mistake, the Defendant did not cause other damages, such as traffic accidents, and the use of normal representation driving, etc.

The defendant seems to have no record of punishment in excess of the fine, and the sociality of the defendant.

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