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(영문) 수원지방법원 성남지원 2017.11.15 2017고단2699
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

[criminal record] The defendant has the same kind of record as being notified of a summary order of a fine of KRW 5 million in the same court on November 11, 2013 as the same crime in the case of violation of the Road Traffic Act (driving) in the support of the Sungnam branch of Suwon branch on December 2, 2013, and the summary order of KRW 2 million in the same court on November 11, 2013.

[Criminal facts] On September 16, 2017, the Defendant driven B, from the front day of the Gyeonggi Gas station located at the seat of the Eup in the Seocho-si, Gwangju City to the front day of the 14-12-line luminous road, 700 meters away from September 16, 2017, to the front day of the 14-12-line Do Do Do Do 14-12-ro Do Do Do Do Do Do Do 32, the Defendant driven B, in the direction of about 700 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs on the scene of accidents;

1. A written statement of a driver who takes driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and application of the summary order of a suspect, by text 4 of the summary order;

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. 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 - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the crime exceeding the fine, and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the execution of the punishment shall be suspended.

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