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(영문) 수원지방법원 2017.10.18 2017고단5171
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On September 25, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court. On December 16, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on December 16, 201, and on October 1, 2014, on October 9, 2014, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on October 9, 2014.

[Criminal facts] On July 5, 2017, the Defendant driven a 18 kilometer B car from the roads near the Yandong-dong in the Sinpo-si, Ganpo-si to the roads front of the Ganpo-si, Sinpo-si, Annpo-si, the alcohol concentration of 0.093% among blood transfusions.

Accordingly, the defendant, who was punished for driving under drinking not less than twice, once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, text of judgment, and copy of summary order, such as criminal history;

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been sentenced to imprisonment or a heavier punishment for the same kind of crime. - The defendant has already been sentenced to imprisonment or a heavier punishment for the same crime. - The favorable circumstances are high in alcohol concentration in the defendant’s blood. - The defendant recognizes all criminal facts. - It takes into account that approximately three years have elapsed from the time the last punishment was imposed for the same crime. It takes into account all the kinds of sentencing conditions revealed in the trial process in each of the above circumstances as ordered.

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