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(영문) 수원지방법원 2018.08.21 2018고단3454
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 driving a motor vehicle under the influence of alcohol on August 26, 2007 (the issuance of a summary order of KRW 2 million at the Suwon Friwon on October 26, 2007), driving a motor vehicle under the influence of alcohol on June 17, 201 (the issuance of a summary order of KRW 4 million at the Suwon Friwon Friwon on September 7, 201), driving a motor vehicle under the influence of alcohol on May 26, 201 (the issuance of a summary order of KRW 6 million from the Suwon Friwon Friwon on October 7, 201), and violating Article 44 (1) of the Road Traffic Act at least twice.

Although the Defendant had been punished twice or more due to drinking driving, on June 6, 2018, while under the influence of alcohol by 03:23% at around 03:082% of alcohol while driving alcohol, the Defendant driven D-do motor vehicle in the 300-meter section from the front of a cafeteria located in the administrative Ri of the local Eup to the 53-day road in the local Eup/Myeon in the local-nam city in the eternic City to the 53-way road in the local-nam Eup/Myeon in the eternic City.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

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

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, investigation report (the same type of criminal history) and other Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act for the crime of this case is that the defendant, who has had a record of driving under drinking not less than twice of alcohol, once again driving under the influence of alcohol, and the nature of the crime is not less than that of the crime;

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 fact that the defendant has no record of being sentenced to a suspended sentence or heavier for the past 10 years, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined in consideration of the conditions for sentencing indicated in the records.

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