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(영문) 수원지방법원 2017.03.14 2016고단6783
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant was issued a summary order of KRW 4 million for the same crime in the support of the Friwon method for the violation of the Road Traffic Act (driving) on the part of the Defendant on November 8, 2010, as a fine of KRW 1 million for the violation of the Road Traffic Act, and on November 19, 2012, for the same crime in the support of the Friwon method.

On October 26, 2016, the Defendant driven B Coin car while under the influence of alcohol content of about 0.214% from the 10km to the 161st roads in front of the 161 Enterprise Bank, from the west-gu fishing place in the west-gu, west-gu, west-gu, west-gu, west-si, west-si, west-si, west-si, west-si, west-si, west-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of 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 grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following various circumstances, the Defendant’s age, family relation, sex, environment, circumstances leading to driving of drinking, distance, and the circumstances after the crime, etc., the sentence 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 cause other damage, such as traffic accidents, etc. due to the crime of this case; the defendant had no previous conviction exceeding the fine; in particular, the defendant was sentenced to a fine of KRW 5 million for the crime of violating the Road Traffic Act on November 19, 2012, and was not subject to any specific criminal punishment for the remaining four years until the crime of this case was committed; and the defendant again after the crime of this case.

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