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(영문) 수원지방법원 2018.01.30 2017고단7367
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 September 11, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law in the early support of the Chuncheon District Court on September 11, 2007, and was sentenced to a suspended sentence of 8 million won for a crime of violating road traffic law, and on June 17, 2015, the Defendant was sentenced to a summary order of 8 million won for the same crime under the Suwon District Court Act.

On November 5, 2017, the Defendant driven a scoo vehicle C with approximately 2km alcohol concentration of about 0.092% in blood from the section of approximately 2km from the 235-14 Lari-ri, Lari-ri, Lari-ri, Lari-ri, Lari-ri, Jari-ri, Jari-ri, Jari-ri, Jasung-ri, Nasung, to the front road of the 5 kylsung Central Hospital.

As a result, the Defendant, even though he had been punished 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. Notification of the results of regulating drinking driving;

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

1. Written inquiry about criminal history, etc.;

1. Application of the written judgment and the summary order statutes; and

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, such as the fact that the defendant acknowledged his mistake while making a confession of the crime of this case, that the defendant's blood alcohol concentration is not high, that the defendant did not cause other damage, such as traffic accidents, etc., and that the defendant has no record of punishment exceeding the fine for the last ten years, and that social relation is relatively obvious, constitutes a circumstance that should be favorable or taken into account against the defendant. On the other hand, the crime of this case is under the influence of alcohol concentration of 0.092% while the defendant had been punished twice due to drinking.

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