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(영문) 수원지방법원 2018.05.15 2018고단1191
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 October 7, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on September 19, 2017, a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on September 19, 2017, respectively. A person who violated Article 44(1) of the Road Traffic Act at least twice.

On February 9, 2018, the Defendant had been punished twice or more due to drinking alcohol driving at around 01:08, but was under the influence of alcohol at approximately 0.09% of alcohol concentration in the section of approximately 500 meters, from the front side of the solar city in Jung-gu Incheon, Jung-gu, Incheon, to the front side of the small-gu, Jung-gu, Incheon, which is in the middle-gu, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal record and confirmation of the suspect) statute;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has had a record of driving under drinking not less than twice of alcohol, once again drives under the influence of alcohol, and the nature of the crime is not less than that of the crime;

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant has recognized the crime of this case; (b) the defendant has no record of being punished for a stay of execution or more; and (c) the defendant has no record of being punished until that time; and

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