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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2873
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 issued a summary order of KRW 1.2 million on April 29, 201, which was sentenced to a fine of KRW 4 million on the ground of a violation of road traffic law in support of the Sungnam branch of Suwon branch of Friwon, and a summary order of KRW 4 million on June 8, 2015 on the ground of a violation of road traffic law in support of the Sungnam branch of Fri branch of Friwon branch of Fri branch of Fri branch of Friwon branch of Fri branch

[Criminal facts] On October 18, 2017, the Defendant driven B rocketing car at approximately 500 meters away from the 3-lane at the entrance and exit of the Dongg-ri located in the same Si/Gu, Gwangju City, in the state of alcohol content of 0.140% among the blood transfusions around 22:35 minutes, to the 0-meter from the front of the Dog-ri in the same Si/Gug-si. The summary of the evidence is as follows.

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Previous convictions indicated in judgment: Inquiry about criminal history and application of double-order summary order to suspects;

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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant is against himself/herself; (b) the amount of alcohol concentration in his/her blood; and (c) the fact that there is no other criminal record other than twice a fine; and (d) the records of this case, such as the defendant's age, environment, sexual conduct, motive and means of the crime; and (e) the circumstances after the crime.

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