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(영문) 수원지방법원 2018.02.08 2017고단7613
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 September 27, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of road traffic law (drinking driving) in the Suwon-gu District Site Law, and on October 29, 2010, a summary order of KRW 2.5 million for the same crime in the same court on October 29, 2010, respectively, and on January 13, 201, a person who had been sentenced to two years of imprisonment with prison labor for the same crime in the same court on January 13, 201.

On October 31, 2017, at around 00:50, the Defendant driven a BW Sheet in the state of alcohol alcohol concentration of approximately 0.191% at approximately 12 km section from the cafeteria cafeteria cafeteria Dok Jeju Jeju Goll to the front road of the 1098 large Steel as the 1098 large city railway.

Accordingly, the defendant, even though he had been punished not less than 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 made by the police against C;

1. Notification of the results of regulating drinking driving;

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

1. A traffic accident report and a photograph;

1. Written inquiry about criminal history, etc.;

1. Investigative reports (verification of driving skills under drinking), and the application of the statutes governing the judgment;

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 defendant has no record of criminal punishment for the past five years, when he/she led to the confession of the crime of this case.

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