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(영문) 수원지방법원 2017.09.19 2017고단4950

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law at the Seoul Central District Court on June 29, 2007, and on September 6, 2007, the defendant was sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law at the Seoul Western District Court on September 6, 2007.

[Criminal facts] On May 30, 2017, around 01:57, the Defendant driven a passenger car with B low alcohol concentration of about 11 Km and about 0.184% while under the influence of alcohol at around 0.184%, from around the 169-1 neighboring roads of Seongbuk-gu, Sungnam-si, Sungnam-si, 169-1 to the 8-64, Dongcheon-gu, Dongcheon-dong, 169-1.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to such previous decisions, etc.);

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. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have suffered serious injury due to an accident that occurred in the course of the crime of this case.

The defendant has no previous convictions of imprisonment.

From October of 2007, the defendant had been sentenced to a two-year suspended sentence due to driving of light alcohol, etc., he seems to have lived faithfully without being sentenced to criminal punishment for about 10 years until the crime of this case is committed.

Circumstances unfavorable to the defendant are as follows:

The defendant, while driving a drinking alcohol, caused a studio in the intersection.

The criminal records in the judgment of the defendant.