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(영문) 수원지방법원 2017.04.25 2016고단7252
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 March 5, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support center of Suwon Friwon on March 5, 2007. On September 18, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on April 22, 201, issued a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act (drinking driving), and on August 16, 2012, issued a summary order of KRW 3.5 million as a result of the crime of violating the Road Traffic Act (drinking driving) at the Friwon Friwon Griwon Griwon Griwon Griwon Griwon, etc. on August 16, 2012.

On November 12, 2016, the Defendant driven a vehicle B1 ton of alcohol content from approximately 2 km to approximately 0.146% under the influence of alcohol on the part of the Gandong-gu Police Station located in Gandong-gu, Young-gu, Young-si, Gan-si, Gan-dong, for approximately 0.146% of alcohol content from the front of the Kandong-gu Police Station located in the same Gu-dong to the bank in front of the bank.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (Attachment to the same inquiry report, etc.), each written judgment, and application of summary order 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 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 favorable circumstances] The defendant acknowledged his mistake while leading to the confession of the crime of this case, and the defendant did not cause other damages, such as traffic accidents.

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