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(영문) 수원지방법원 성남지원 2017.09.22 2017고단1586

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 September 14, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on September 14, 2007, and a fine of KRW 4 million for the same crime from the Sungnam branch support on January 28, 201.

On May 15, 2017, around 23:01, the Defendant driven C Coin truck under the influence of alcohol content of about 0.101% from the 15k section of blood alcohol to the 15k section of 0.101% from the 10-ro 22-o-ro, Gwangju-si, the center of Gwangju-si, to the Sinnam-si Man-si Manbro 4760.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the accused’s confession of the instant crime and reflects the wrongness of the accused; (b) the accused has no record of the crime exceeding the fine; and (c) the accused’s age, family relation, sex, environment, motive and background of the crime; (d) means and method of the crime; and (e) the circumstances after the commission of the crime, etc., the sentence as ordered