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(영문) 수원지방법원 2017.12.06 2017고단6836

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 22, 2013, the Defendant was punished for drinking driving on two or more occasions by issuing a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Suwon Flag method Board, and on December 11, 2014, a fine of KRW 2 million at the same court as the same crime.

[Criminal facts] On October 18, 2017, the Defendant driven BDB car from around 00:50 to the 26-14th road, as it was under the influence of alcohol content at around 0.165% in the blood, on the road before the river at Suwon-si, Suwon-si, Suwon-si, as it was under the influence of alcohol content at around 00:50.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

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

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

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 among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The most favorable circumstances are high alcohol concentration in the blood of the defendant - The defendant recognizes all the criminal facts. - The defendant has no record of being sentenced to a fine exceeding the fine until now. The sentence is imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.