(영문) 수원지방법원 성남지원 2017.07.12 2017고단1239

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굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2017.07.12 2017고단1239

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 6, 2017, the Defendant, while under the influence of alcohol 0.202% during blood transfusion, driven a Bbee cruise car from the 20km section of approximately 20km from the roads adjacent to the Yanpo-si in Gwangju Metropolitan City to the Do Pyeong-ri Do in the beginning of the same city from the roads adjacent to the Sinpo-si in the Sinpo-si in the same city to the Do Pyeong-ri Do in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of driving a drinking and notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 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 Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Ten months of imprisonment;

2. Determination - Six months of imprisonment, the defendant of two years of suspended sentence shall choose imprisonment in consideration of the high drinking level and the record of drinking driving.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the confession was made and there is no past record of the suspension of execution or more, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in

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