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(영문) 수원지방법원 성남지원 2016.05.13 2016고단543

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 March 18, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in support for the development of a water source method, and KRW 2,00,000,000 as a fine for the same crime in support for the development of a water source method, and around September 4, 2015.

On March 10, 2016, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.150% in a section of about 500 meters, from the 3377 mar C-gu, Jungwon-gu, Jungwon-gu, Seoul Special Metropolitan City, to the 11st day of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (the confirmation of the previous convictions in the same case), summary order of 495 days before the Suwon District Court's Ansan Branch 2014, and the application of summary order of 10582 highest court's Ansan Branch 2015 highest court's Ansan Branch 2015

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 (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the protection observation and community service order, community service order, and order to attend a lecture, and the age, sex behavior, family relationship, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally determined by taking into account the following circumstances.

Since 2014, the defendant has repeatedly committed the same kind of crime once a year.

The defendant's drinking value is high.

The favorable circumstances: The defendant has led to the confession of all crimes of this case.

There shall be no criminal records of probation or heavier.