(영문) 수원지방법원 안산지원 2017.12.06 2017고단2938

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(영문) 수원지방법원 안산지원 2017.12.06 2017고단2938

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of road traffic law (drinking driving) from the support for the development of the Suwon Friwon method and KRW 5 million as the same crime on July 1, 2013, respectively. On July 8, 2014, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the support for the development of the Suwon Friwon method and KRW 5 million as the same crime.

On October 11, 2017, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 0.085% of alcohol content from around 3km section from the 01:03 Sinyang-si Yandong to the 1161 Don-ro Don-ro 1161.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Inquiry about criminal history, application of each summary order, and application of the text of the judgment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, do not need to be punished strictly in that the defendant has repeatedly committed the same crime and has been sentenced to a suspended sentence of imprisonment, and driving again, but it does not need to be punished strictly. However, considering the fact that the defendant is seriously against his/her own interest, that he/she raises middle-school students, that his/her family and workplace are under the guidance of the defendant, and that his/her family and workplace are under the guidance of the defendant, the punishment as ordered is determined by considering all the factors of sentencing indicated in the records, such as the defendant's age, sexual behavior

참조조문

-형법 제62조 제1항

-형법 제62조의2

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