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(영문) 수원지방법원 2017.08.23 2017고단3061
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 issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Friwon on November 13, 2009, and issued a summary order of KRW 1.5 million for the same crime in the same court on July 30, 2010.

【Defendant Inasmuch as the above person was punished twice or more due to drinking driving, Defendant 1 driven BM7 cars while under the influence of alcohol with approximately 500 meters alcohol concentration 0.152% from the section of around May 14, 2017, in front of the restaurant of “Sirodo flag” located in the Young-gu, Young-gu, Suwon-si, Suwon-si, and around May 14, 2017 to the front of the mail concentration station located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a 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. 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. 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 already been punished several times for the same crime, and the defendant is also deemed to be vulnerable to traffic crimes by driving without a license in around 2015. - Even after having been sentenced several times of a fine, it seems that it would be difficult to expect the improvement of edification by a fine due to close close to the time of the crime, and that it would be difficult for the defendant to expect an improvement. - The favorable circumstances - the defendant recognized all the criminal facts. - The defendant has no record of having been sentenced to imprisonment with labor due to drinking driving. - The defendant sold a motor vehicle used for the crime - The defendant has sold the motor vehicle used for the crime - The execution of imprisonment with prison labor for one time after the lapse of seven years from the time of driving a motor vehicle.

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