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(영문) 수원지방법원 2018.02.20 2017고단7792

도로교통법위반(음주운전)

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

Criminal facts

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving in drinking), in support of Sungnam-gu Office of Friwon on December 11, 2007. On June 5, 2013, the Defendant received a summary order of KRW 3 million from Friwon to a fine of KRW 3 million due to the same crime, etc. on at least two occasions.

[Criminal facts] On November 4, 2017, the Defendant driven BMW car over about 1 km from the roads near the Gi-dong, Gi-dong, Young-gu, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Gi-dong, Ki-dong, Ki-dong, Ki-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the same Act (Article 62(1) of the Criminal Act (Article 62 of the Criminal Act provides that the Defendant is divided into, and against, the instant crime; the personal and material damage has not occurred due to the instant crime; there is no criminal record exceeding the fine imposed on the Defendant; on the other hand, the Defendant has been sentenced to a fine of KRW 4 million due to his/her refusal to measure drinking around 201; taking into account

1. Article 62-2 of the Criminal Act; Article 59 (1) of the Act on the Protection, Observation, etc. of Orders to provide community service and attend lectures;