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(영문) 수원지방법원 2017.04.25 2017고단987
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 January 3, 2003, the Defendant had the record of receiving a summary order of a fine of KRW 500,000,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon Flag Flag on September 24, 2004, and a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act (drinking driving) from the Suwon Flag Flag on October 24, 2008. On November 10, 2016, the Defendant again committed a crime of violation of the Road Traffic Act (drinking driving) at the Suwon Flag Flag on February 2, 2017.

On January 15, 2017, the Defendant driven a Cdecent car in a state of alcohol concentration of about 200 meters in the section of approximately 0.176% while under the influence of alcohol at around 08:25 to the same city-ro, 16.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a report accompanied by summary order, non-prosecution decision-making, etc.);

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.

[ favorable circumstances] The defendant acknowledged his mistake while leading to the confession of the crime of this case, the defendant did not have any record of punishment for committing a crime exceeding the fine since 1999, and the crime of violating the Road Traffic Act (unlicensed driving) on July 17, 2009.

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