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(영문) 수원지방법원 2017.11.14 2017고단5870
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 April 22, 2015, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on April 14, 2016, a summary order of KRW 2,50,000 from the Suwon Friwon method to the same crime, respectively.

On August 26, 2017, the Defendant driven B K5 cars under the influence of alcohol content of about 0.100% during blood while under the influence of alcohol from around 07:20 to about 500 meters in front of the well-dying Homes of the 1137 light bridge.

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. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Written inquiry about criminal history, etc.;

1. In the application of Acts and subordinate statutes concerning investigation reports (a summary order accompanied), summary order, and summary order;

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 of the community service order and the order to attend a lecture falls under the circumstances favorable to the defendant, such as the defendant's confession of the crime of this case and the defendant's mistake is recognized, and the defendant has no special criminal record in addition to the punishment of fines on two occasions due to the violation of the Road Traffic Act. On the other hand, the crime of this case is a vehicle driven under the influence of alcohol with 0.10% of alcohol concentration in multiple bloods even though the defendant had been punished twice due to driving under the influence of alcohol, and the crime of this case is not good in quality, the defendant's blood alcohol concentration is relatively high, and the defendant stops the vehicle even though his signal was changed two times.

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