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(영문) 수원지방법원 여주지원 2017.04.18 2017고단125
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 1, 201, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the inn of the Sugwon Friju, and on February 9, 2015, issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (dacting driving).

[2] On January 16, 2017, the Defendant driven B-learning car from the 2km section from the road located in the Yancheon-si Yan-si Yan-si Yan-si Yancheon-si Yan-si Yan-si Yan-si Yan-si Yan-si Yancheon-si Yan-si Yan-si Yan-si, while under the influence of alcohol content 0.071% during blood transfusion around 19:08.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving and the circumstances of the driver who is placed in the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, report on investigation (the previous confirmation thereof), reply to inquiries, and application of statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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(1) of the Criminal Code of the Order to Attend a lecture is that the defendant has been punished twice due to drinking driving, and even though there are no unavoidable circumstances that make it inevitable to drive, the road traffic law strictly punishs repeated driving of drinking and attempts to prevent the uneasible result due to drinking driving, it is reasonable to strictly punish the defendant. However, considering the fact that the amount of alcohol concentration measured at the time of the crime of this case is not high, the defendant has no history of being punished more than a fine, and there is no history of being punished more than a fine, and the occurrence of a traffic accident while stopping, it shall be taken into account more favorable circumstances, such as the defendant's age, sexual behavior, environment, etc., and all other sentencing conditions such as the defendant's age, sexual behavior, and environment, the punishment as the order shall be determined as per Disposition.

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