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(영문) 수원지방법원 2018.02.08 2017고단7540
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 13, 2015, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law (drinking driving) on the support of the Suwon Friwon method, and on April 12, 2017, the Defendant was issued a summary order of KRW 2 million for the same crime from the Suwon Friwon method to the same crime.

On November 17, 2017, at around 06:10, the Defendant driven a B-to-purd vehicle with alcohol content of about 0.160% under the influence of alcohol at the section of approximately 1km from the road near Suwon-si, Suwon-si, Suwon-si, to the road in front of the shooting distance in the right line in the right line in Suwon-si, Suwon-si.

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

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. On-site photographs;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (verification of criminal records of the same kind);

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 sentence as ordered shall be determined.

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, and a considerable time has elapsed after the Defendant drinking alcohol.

It appears that the defendant does not cause other damage such as traffic accidents, etc., that the defendant has no record of punishment exceeding the fine, and that the defendant's society.

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