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(영문) 수원지방법원 2017.05.23 2017고단860
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 April 7, 2009, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving), etc. on the support of the Sungnam-gu Friwon method, and on October 26, 2016, the Defendant received a summary order of KRW 2 million for a violation of road traffic law (drinking driving).

On January 18, 2017, around 04:05, the Defendant driven a DNA car with approximately 10m alcohol content of about 0.216% while under the influence of alcohol in the blood, within the cel parking lot located in Suwon-si B, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

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

1. A traffic accident report;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture constitutes a favorable or extenuating circumstance for the defendant to acknowledge his mistake while leading to the crime of this case. However, on the other hand, the crime of this case is a case where the defendant drives a vehicle in the state of under the influence of alcohol of 0.216% during blood transfusion even though the defendant had been punished twice or more for the same crime, and its nature is not good. The defendant's blood alcohol concentration is relatively high, and the defendant suffered minor physical damage by causing a traffic accident due to the crime of this case constitutes a unfavorable circumstance against the defendant.

The above-mentioned circumstances and the defendant's age, family relation, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime are included in the records.

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