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(영문) 수원지방법원 2017.11.21 2017고단6331
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 May 2, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon on May 2, 2008; on March 30, 201, a summary order of KRW 3 million for the same crime at the same court; and on July 22, 201, the Defendant had the record of having been sentenced to imprisonment with labor for the same crime, etc. at the same court.

On September 19, 2017, at around 00:50, the Defendant driven a chip car while under the influence of alcohol concentration of about 0.058% in blood, from around 600 meters to the road in front of the same water source viewing.

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 the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes to the investigation report (the previous and confirmation), copy of the judgment, and copy of the summary order;

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 crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on the protection and observation, and the order to attend a lecture, despite the fact that the defendant had been punished more than twice due to drinking alcohol driving, is driving a motor vehicle while under the influence of alcohol of 0.058% during his blood, and the nature of the crime is not good, and the defendant has a record of criminal punishment several times, including a violation of traffic laws (driving) on the road, a violation of traffic laws (driving without a license) and a like traffic offense (driving without a license) on the road. However, the crime of this case constitutes an unfavorable condition to the defendant, on the other hand, the defendant is admitted to his mistake while making a confession of the crime of this case.

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