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(영문) 수원지방법원 성남지원 2016.04.15 2016고단426

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

【Criminal Records of Crimes】 On February 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of Road Traffic Act at the Seoul Eastern District Court, and a fine of KRW 2.5 million for a crime of violation of Road Traffic Act at the Seoul Eastern District Court on December 30, 201.

【Criminal facts】 The Defendant is a person who is engaged in driving C-II cargo vehicles.

Although the Defendant violated the Road Traffic Act at least twice on February 5, 2016, the Defendant driven the said vehicle at a section of about 800 meters from before the day from the day to the day before the day from the day from the day from the day from the day of the day from the day from the day before the day from the day from the day of the city in Gyeonggi-do, under the influence of alcohol content of 0.074% at around 13:00, the Defendant driven the said vehicle at a section of about 800 meters from the day from the day from the day before the day from the day from the day from the day of the city

Summary of Evidence

1. Statement by the defendant in court;

1. (A), a report on the situation of the driver of a drinking and a ledger using the measuring instruments for drinking alcohol;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the same criminal record A), copy of summary order, and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for the crime (including many cases of committing the same kind of crime, etc.)

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined in full view of the sentence like the order.

Unfavorable circumstances: there are many records that the defendant has been punished for the same kind of crime.

The favorable circumstances: The confession of all the crimes of this case is against the law.

The drinking volume is not high.

The same crime has been committed for the last four years or more.