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(영문) 수원지방법원 2017.10.31 2017고단5416
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 December 19, 2008, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on June 29, 201, the Defendant issued a summary order of KRW 1.5 million to a fine in the same court as the same crime.

On July 29, 2017, the Defendant driven a B SP car at a section of about 2 km from the front of the Young-gu Office in the Young-gu Office in the Young-gu Office of Young-si to the front of the water source viewing road in Suwon-si, Suwon-si, which is under the influence of alcohol content of 0.20% among blood transfusion around 01:00.

As a result, the Defendant, even though he had been punished 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 Acts and subordinate statutes to investigation reports (a copy of summary order of the same type of crime);

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 sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, the defendant did not cause other damage, such as traffic accidents, and the defendant did not have any record of punishment exceeding the fine, and the surrounding persons, including the defendant's family members, have maintained a social ties relationship normally.

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