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(영문) 수원지방법원 성남지원 2017.09.15 2017고단1917
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

Punishment of the crime

[criminal history] The defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law in the Daegu District Court Kimcheon on September 29, 201, and was sentenced to six months of suspended sentence for a violation of road traffic law in the same support on March 6, 2008 and six times of suspended sentence for six months.

[Criminal facts] On June 24, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 0.182% at the 1k section from the blood alcohol level to the 676th road of Gwangju-si, the Dang-si, Gwangju-si (hereinafter referred to as “Seoul-si”), at an influent location below the 06:20 on June 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. Previous convictions: Application of a reply to inquiry, such as inquiry about criminal history, report on investigation (Attachment to the same type of crime judgment, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order and Order to Attend the lecture committed a second offense despite the fact that the Defendant was sentenced to the same offense.

However, considering the fact that the defendant is against the crime of this case and seems to have scrapped the above cargo after the crime, there is no record of criminal punishment for six years before and after the judgment in 2011, and other all the sentencing conditions in the oral proceedings, including the defendant's age, sex, family environment, motive for the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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