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(영문) 수원지방법원 여주지원 2017.05.26 2017고단352
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

[2] On November 22, 2007, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) in the support of drinking water sources, and on December 18, 2012, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving).

[2] On March 25, 2017, the Defendant: (a) driven a Bkn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 of Article 62-2(1) of the Criminal Act on the duty to observe the protection and attend lectures is that the Defendant was punished for driving under drinking, as well as that he was driving under drinking even though he had a record of causing traffic accidents due to drinking driving.

In light of the purpose of the Road Traffic Act, it is necessary to punish the defendant strictly in order to prevent the unfavorable result caused by the repeated driving of drinking.

However, the defendant does not commit a second offense against the crime.

The punishment shall be determined as per the order in consideration of the favorable circumstances, such as the fact that there is no record of punishment exceeding the fine, and there is no record of punishment.

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