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(영문) 수원지방법원 2017.07.04 2017고단2304
도로교통법위반(음주운전)
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 July 25, 2013, the Defendant received a summary order of KRW 1 million from the Cheongju District Court to violate the Road Traffic Act (drinking driving), and on May 2, 2014, the Defendant received a summary order of KRW 7 million from the Cheongju District Court to a fine of KRW 1 million for the same crime.

On February 13, 2017, at around 08:45, the Defendant driven approximately 1.5 km AD car at the section of 1.5 km from Suwon-si, Suwon-si, Suwon-si, Suwon-si, 572-1, Suwon-dong, 572-1, Suwon-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, to the front side of Seowon-si, while under the influence of alcohol concentration of 0.148%.

As a result, the defendant had been punished for drinking driving more than twice, but he again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. The actual investigation report on traffic accidents;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (Attachment to a summary order attached to the same type of crime history);

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 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 punishment as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, and the defendant was at the same time depict the same time.

I think that only driving was done, but the perception of driving was not so significant.

The fact that there are some circumstances to consider the background of the crime, and the defendant exceeds the fine.

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