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(영문) 수원지방법원 성남지원 2017.11.29 2017고단2990

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[Power of crime] The defendant was issued a summary order of KRW 1 million from the same support on February 8, 2010 to a fine of KRW 2.5 million for the same crime under the Road Traffic Act in support of the Sungnam branch of Suwon branch of Suwon branch of November 208. < Amended by Presidential Decree No. 22006, Feb. 8, 2010>

[2] Although the Defendant had a drinking record on two occasions, he driven a rash car while under the influence of alcohol with approximately 0.114% alcohol concentration at approximately 50 meters from the middle-gu roads in front of the central market which is linked to the Mandong-dong, Sung-gu, Sung-nam-si, Sungnam-gu, Seoul, to the roads in front of the sports complex located in the same city-gu, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the crime exceeding the fine, and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the execution of the punishment shall be suspended.