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(영문) 수원지방법원 2018.06.14 2018고단2049
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

The Defendant is a person who driven a motor vehicle under the influence of alcohol on August 3, 2007 (the issuance of a summary order of KRW 3 million at the Suwon Friwon on October 5, 2007), driven a motor vehicle under the influence of alcohol on June 19, 2012 (the issuance of a summary order of KRW 3 million at the Sungnam support on August 13, 2012), and violated Article 44(1) of the Road Traffic Act at least twice.

On April 12, 2018, the Defendant driven D Coin car with alcohol content of about 0.240% from the 200m section to the road before Denmark, while under the influence of alcohol at around 0.240% from the 200m section to the Don-si Sin-si Sin-si Sin-si, Gan-si, Gan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who had been able to drive under the influence of alcohol not less than twice, drives under the influence of alcohol, not less than that of such crime, but more than 0.240% of alcohol concentration due to the alcohol in this case.

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant has recognized the crime of this case; (b) the defendant has no record of being punished for a stay of execution or more; and (c) the defendant has no record of being punished until that time; and

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