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(영문) 수원지방법원 2017.09.20 2017고단5380

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] The defendant was sentenced to a fine of 1.5 million won or more for a crime of violating the Road Traffic Act at the Incheon District Court on April 16, 2009, and was sentenced to a fine of 3.5 million won or more for a crime of violating the Road Traffic Act at the source of a water source method on December 11, 2009, and was sentenced to a fine of 3.5 million won or more for a violation of the Road Traffic Act.

[2] On May 29, 2016, at around 12:07, the Defendant driven B cream with approximately 0.250% alcohol concentration in blood at the section of about 100 meters from the 100 meters to the 19-10 road, in the case of harmony, the Defendant driven B cream under the influence of alcohol at around 0.250%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records and investigation reports (additional attachment of the previous decisions).

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 defendant’s blood alcohol concentration in the defendant’s blood meets the highest section of punishment. The favorable circumstances - the defendant recognizes all criminal facts. - The defendant has no record of having been sentenced to a fine exceeding the fine so far. The sentence as ordered in consideration of all the conditions of sentencing revealed in the trial process.