(영문) 수원지방법원 2017.10.18 2017고단3535

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(영문) 수원지방법원 2017.10.18 2017고단3535

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 6, 2007, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon Friwon on May 14, 2010, and received a summary order of KRW 2,00,000 as a fine for the same crime from the Suwon Friwon Friwon on May 14, 201. On January 21, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for the same crime from the Suwon Friwon Friwon to the same crime.

Defendant had been punished twice or more due to drinking driving as above, but around 21:55 on May 12, 2017, the Defendant driven G-low-income car under the influence of alcohol content of approximately 0.158% from the 3km section to the entrance front road of Samwon apartment house located in about 47 in the same city with the right line in the same city from the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances of the reason for sentencing) - The defendant has a record of having been punished several times for the same crime. - The defendant has a high alcohol concentration in his blood relative in his blood in 2016 - The defendant has recently concentrated on traffic crime three times in 2016, and commits a same crime. The favorable circumstances - the defendant recognized all the criminal facts - the defendant has no record of having been sentenced to a fine so far. The defendant has sold a motor vehicle used for driving under the influence of alcohol. The defendant sold the motor vehicle used for driving under the influence of alcohol. The sentence as ordered in consideration of all the conditions of sentencing revealed in the trial

참조조문

-형법 제62조 제1항

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