(영문) 수원지방법원 성남지원 2018.10.24 2018고단1791

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2018.10.24 2018고단1791

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

On October 19, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court, on July 7, 201, to a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Sungnam support center, which was sentenced to a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act, respectively. On July 16, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Seoul East District Court.

Although the Defendant had been punished twice or more due to the above violation of the Road Traffic Act (drinking), around August 6, 2018, around 20:14, the Defendant driven C-car under the influence of alcohol with approximately 0.187% alcohol concentration in the blood alcohol level over the 1km section from the roads near the “house of the first place” located in the Nam-si, Nam-si, Busan-si, to the roads near the “culpary mallon” located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous conviction: Application of a written inquiry about criminal history, a written investigation report (the confirmation of criminal history in the same paper) and statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc. as stated in the records, etc. for the reason of sentencing under Article 62-2 of the Criminal Act, the frequency of the same kind of crime for the reason of sentencing, the numerical value of drinking, the background leading to driving, the circumstances after the crime, etc

참조조문

-형법 제62조 제1항

-형법 제62조의2

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