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(영문) 수원지방법원 2017.11.29 2017고단6617

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 November 29, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and the electronic summary order of KRW 1,50,000 as an identical crime in the same court on January 2, 2017.

[2] On October 6, 2017, the Defendant driven a hybrid car owned by the Defendant, while under the influence of alcohol at approximately 0.130% of alcohol content from a section of approximately 200 meters from the behind behind viewing part of Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front day of the same viewing shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances for sentencing) - The defendant committed a second offense even though he was already punished by a fine for the same kind of crime on January 2017, 2017. The defendant committed a second offense. - The favorable normal criminal defendant is recognized to have a higher alcohol concentration in the blood of the defendant. - The defendant does not concentrate on the same criminal facts once in 2006 and once in January 2017. The defendant has no record of having been sentenced to a fine so far. The sentence should be imposed as the order, taking into account all the kinds of sentencing conditions revealed in the trial process.