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(영문) 수원지방법원 성남지원 2017.09.28 2017고단2002
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

[Power of crime] On June 17, 2008, the Defendant issued a summary order of KRW 3 million for the same crime at the Ulsan District Court on September 1, 2009, as well as a fine of KRW 1.5 million for the same crime.

[2] On June 18, 2017, the Defendant driven a B-owned car under the influence of alcohol with approximately KRW 0.05% alcohol concentration at a section of approximately 1.6km from the 342-3 Business Office-dong, Sungnam-si, Sungnam-si to the 219-2 Brazil underground parking lot to the same 219-2 Braziln parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. On-site photographs;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of the investigation report (the same kind of force);

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. 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.

Although the defendant was punished for drinking driving, the defendant has also driven a drinking, and the occurrence of a traffic accident that conflicts with the wall of the parking lot, and the location of the accident is more drinking as the place of damage, and the nature of the crime is very heavy.

The punishment shall be determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, circumstances after the crime, etc.

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