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(영문) 수원지방법원 2017.05.23 2017고단938
도로교통법위반(음주운전)등
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 September 10, 2010, the Defendant issued a summary order of a fine of KRW 4 million on the grounds of a violation of the Road Traffic Act (driving), etc. at the Suwon Friwon method, and on January 27, 2016, the Defendant issued a summary order of KRW 8 million to a fine in the same court on September 27, 2016 and has a total of five drinking driving skills.

The defendant is a person who has been punished for driving under drinking not less than twice, and the defendant is a person who is under the influence of alcohol at around 04:30 on January 11, 2017 and is in the influence of alcohol at around 0.112% on the blood, and the water and fishery products in Suwon City, which are located in 243 with the right of lease in Suwon-si, the right of lease in Suwon-si, the water and fishery products of which are located in 243 with the right of lease in Suwon-si, the next road of each market.

Until now on the road in front of the street, the driver has driven approximately 1km from the section of B-wing and Ⅲ cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notice of the results of regulating the driving of drinking and the record of drinking measurement;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 led to the confession of each of the crimes of this case.

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