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(영문) 수원지방법원 성남지원 2017.07.19 2017고단1405

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

On April 28, 2017, the Defendant, while under the influence of alcohol with 0.223% of alcohol concentration among the blood transfusions around 22:30, 2017, driven B straw lids around the 15th mix lids in the 158-ro, Hannam-si, Hannam-si, the Hannam-si, the Hannam-si, the Hannam-do, a 15m straws from the vicinity of the 15th mix lids in the 15th mix of the gress in the grespond of the g

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 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 sentencing under Article 62-2 of the Criminal Act;

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

2. Determination - Imprisonment with prison labor shall be selected in consideration of six months of imprisonment, the higher drinking volume of the defendant for two years of suspended sentence, and the history of drinking driving.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the confession was made and there is no past record of the suspension of execution or more, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in