(영문) 수원지방법원 2017.11.01 2017고단5096

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.11.01 2017고단5096

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

[criminal history] On July 17, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law at the Suwon Flag Flag, and on January 2, 2013, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on January 2, 2013, and on October 2, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law (driving).

[2] On July 28, 2017, the Defendant driven the C rocketing car owned by B in the section of approximately approximately 200 meters from the main path, where it is impossible to find out the trade name behind viewing water sources, which is located in the Suwon-si transfer vehicle, in the state of alcohol concentration of 0.08% in alcohol during blood transfusion around 00:03, to the front day of viewing water sources, from the main path where it is impossible to identify the trade name behind viewing water sources.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

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

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 suspended sentence under the Criminal Act - the circumstances unfavorable to the reason for sentencing (a favorable to the reason for sentencing) - the Defendant has the record of having been punished several times for the same kind of crime. - The Defendant has the record of having been sentenced to imprisonment due to the reduction of the same kind of crime. The favorable circumstances - the Defendant recognizes all the criminal facts. - Taking into account the fact that the Defendant’s blood alcohol concentration in his blood is in the area of punishment with low alcohol concentration in each of the above circumstances, the sentence is ordered in consideration of all the sentencing conditions

참조조문

-형법 제62조 제1항

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