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(영문) 수원지방법원 성남지원 2018.06.20 2018고단718
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 sentenced to a fine of 1.5 million won on February 1, 2008 to a fine of 1.5 million won on April 14, 2009, a fine of 1.5 million won on April 14, 2009, and a fine of 1.5 million won on March 7, 2013 in the same court as the same crime.

[2] On March 15, 2018, the Defendant driven a DV motor vehicle under the influence of alcohol content of about 0.151% during blood in a section of approximately 2 kilometers from the vicinity of the Suwon-gu, Seongbuk-si, Sungnam-si to the roads in front of the same Gu sperm Hospital.

Accordingly, the defendant was punished by drinking alcohol on two occasions, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to criminal reports (Attachment to judgment of suspension of the execution of driving like a suspect

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. 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 one year of imprisonment, and two years of probation, the criminal defendant's records of drinking driving over several times.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that the defendant has passed more than five years from the detection of the defendant's last drinking driving, the punishment shall be determined by comprehensively taking into account the following factors: the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, and the execution of the punishment shall be suspended.

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