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(영문) 수원지방법원 2017.11.30 2017고단6103
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 November 23, 2011, the Defendant was sentenced to a suspended sentence of two years on August 8, 201 due to a violation of the Road Traffic Act (drinking driving) by the Suwon Friwon on November 23, 201. On January 14, 2015, the Defendant was sentenced to a summary order of four million won as a crime of violating the Road Traffic Act (drinking driving) in the same court.

On August 26, 2017, around 05:37, the Defendant driven a so-called so-called so-called “Churd vehicle” under the influence of alcohol content of about 0.153% in blood alcohol content at approximately 2km from the front side of the road of Young-gu, Young-gu, Suwon-si, Suwon-si to the front side of the road, to the front side of the train-gu, 91 in front of the road.

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. Consent forms for blood collection, requests for the State and appraisal, and the results thereof;

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

1. Field photographs, etc.;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same type of judgment) and a copy of the 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 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 making a confession of the instant crime, and a considerable time has elapsed after the Defendant drinking alcohol.

The defendant has made efforts to prevent recidivism, such as returning a siren vehicle.

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