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(영문) 수원지방법원 성남지원 2016.04.01 2016고단128

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 October 11, 2006, the Defendant issued a summary order of 500,000 won of a fine for a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon method, and on January 5, 2012, the Defendant issued a summary order of 2,50,000 won of a fine for the same crime to the same court on January 5, 2012.

On October 6, 2015, the Defendant driven a B Spo-type car at a section of about 2 km from not more than Seocho-gu Seoul Seocho-gu to not more than 0.104% of alcohol concentration among blood transfusions, to not more than 0.104% of 0.104% of alcohol concentration among the blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and a report on the detection of the driver driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, report on investigation (A), indictment, etc.;

1. Relevant Article of the Criminal Act and Article 148-2 subparag. 1 of the Criminal Act regarding the crime, the choice of the punishment for imprisonment (the following sentencing shall be considered in light of the unfavorable circumstances in the course of the punishment);

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 age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

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

On November 29, 2015, immediately after the instant crime, the Defendant was issued a summary order of KRW 5 million on the ground that he refused to measure drinking alcohol.

The favorable circumstances: The defendant is led to confession by recognizing all of the crimes.

There is no record that the defendant has been punished as a suspended sentence.