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(영문) 수원지방법원 성남지원 2017.08.10 2017고단1028

도로교통법위반(음주운전)등

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

[2017 Highest 1028] On May 2, 2007, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving), and on October 19, 2007, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution as a crime of violating the Road Traffic Act (drinking refusal to measure drinking), and was sentenced to a summary order of KRW 3 million as a crime of violating the Road Traffic Act (dacting driving) in support of the Sungnam branch of Suwon branch on July 20, 2015.

On April 13, 2017, the Defendant driven a Fbenz car while under the influence of alcohol content of about 0.113% in a section of approximately onem of blood alcohol in the 1m-gu Seoul Special Metropolitan City E building parking lot in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City.

[2017 Highest 1371] On May 8, 2017, the Defendant driven a Fbenz motor vehicle at a section of about 48 km from the station parking lot in the Sungnam-gu, Sungnam-si, Sungnam-si, Sungnam-si, to the 21st of the Sinri-si, Sinri-si, Sinri-si, Sinri-si, Sinri-si, to the 3rd of the entrance.

Summary of Evidence

[2017 Highest 1028]

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the suspect in the same kind of crime);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that even though the previous convictions for the same type of crime are several times, the nature of the crime is not good, such as repeated driving of drinking without a license, but there exists no previous conviction exceeding a fine for ten years, and

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;