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(영문) 수원지방법원 2018.01.30 2017고단7494
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 June 26, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Eunpyeong District Court’s House on June 26, 2008, and on July 11, 2014, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On October 28, 2017, the Defendant driven B-low-income motor vehicle under the influence of alcohol content of 0.084% while under the influence of alcohol without obtaining a driver's license from the front of the dong apartment to the front of the 12-km road in the same Do-ro 12 in the same Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. On-site photographs at the time of crackdown;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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(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 acknowledged his mistake while making a confession of each of the crimes of this case, the defendant's blood alcohol concentration is not high, the defendant did not cause other damage such as traffic accident, etc., and the defendant has been fined for the last ten years.

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