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(영문) 수원지방법원 2017.07.12 2017고단2164
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon of Friwon on November 28, 2008, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) in support of Friwon of Friwon Griwon Griwon on June 27, 2012.

On March 24, 2017, while under the influence of alcohol content of 00:05% from blood, the Defendant driven a Bnice car from the 2km section of approximately 2km up to the distance of gold in the Gu, Dong-dong, Seongdong-dong, Sungnam-si, Sungnam-si, the 3rd-gu, Sungnam-si, Sungnam-si.

Accordingly, the defendant, even though he had been punished not less than 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 driving at home;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. The favorable circumstances - the defendant recognizes all the criminal facts. - Considering that the amount of alcohol concentration in the blood of the defendant is close to the lower limit of the punishment for drinking alcohol, the defendant has no record of being sentenced to a fine so far. - The defendant committed the crime in question after a lapse of five years from the time of punishment for the same crime. Considering the fact that the defendant committed the crime in question after a lapse of five years from the time of the last punishment for the same crime, taking into account all of the conditions

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